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In a major development surrounding the resignation of Justice Jayant Patel, the Gujarat High Court Advocates Association (GHCAA) has passed a resolution to file a petition in Supreme Court challenging the transfer of the judge from the Karnataka High Court to the Allahabad High Court.
Most importantly, the GHCAA in its petition will also raise the larger issue of making Collegium proceedings transparent by disclosing reasons with regard to recommendations for appointment, non-appointment, non-confirmation of High Court judges, and elevation of High Court judges to the Supreme Court or as Chief Justice of a High Court. Further, it will also pray for making judicial review available with respect to Collegium’s decisions.
The resolution states that the President of the GHCAA will constitute a two-member committee to decide on engaging the best of lawyers to draft the petition and argue the case in the Supreme Court. A resolution to that effect was passed today in a General Body Meeting, with the approval of 99 percent members.
Besides the two important decisions mentioned above, the GHCAA will also abstain from work tomorrow and has also requested other Bar Associations in the State to follow suit.
The resolution has also expressed,
“strongest possible objection and disapproval against the decision of the collegium of the Supreme Court of India of transferring Hon’ble Justice Jayant APtel, senior most judge of the Karnataka High Court on the eve of his likely appointment as acting CJ or CJ of that court, to Allahabad High Court, which has shaken the belief of the Bar in the independence of the judiciary….”
Read the full resolution below.