Justice MR Shah appointed Chief Justice of Patna High Court [Read Notification]

The Central government has cleared the appointment of Justice MR Shah of Gujarat High Court as Chief Justice of Patna High Court.

The notification issued today states,

“In exercise of the powers conferred by clause (1) of Article 217 of the Constitution of India, the President is pleased to appoint Shri Justice Mukeshkumar Rasikbhai Shah, Judge of Gujarat High Court to be the Chief Justice of Patna High Court with effect from the date he assumes charge of his office.”

The Supreme Court Collegium had recommended his transfer to Patna High Court as CJ on July 16. The Centre has now cleared the same in little over two weeks.

The transfer of Justice MR Shah from the Gujarat High Court has been the subject of much controversy, with some alleging that his transfer had been delayed owing to his proximity to the ruling government. The recommendation for his transfer from the Gujarat High Court had been made in February 2016, during the tenure of Chief Justice TS Thakur.

In April 2016, Senior Advocate Yatin Oza even wrote letters to the Chief Justice of India alleging that Justice Shah’s proximity to ruling dispensation was allowing him to continue in Gujarat High court. This resulted in Oza having to face a contempt of court case, although the same was later stayed by the Supreme Court.

In November 2016, the matter even reached the Supreme Court, when a lawyer from Gujarat filed an intervention application in a case concerning the appointment of judges.

In August that year, then Chief Justice Thakur himself had made some strong remarks against the sitting judge and the Central government, stating that the Supreme Court will consider withdrawing judicial work from Justice Shah if his transfer is stalled.

Read the notification.