Cuttack :28th Jan.2015:OBB: Justice Radha Kirshna Patra breathed his last today at SCB Medical College & Hospital followed by an illness.Justice Patra is now survived by only daughter and wife .
- Crying tribute to Justice Patra
Odisha Bulletin pays its highest homage to the his soul and condole the sad demise of Justice Patra .
Justice Radha Kirshna Patra elevated to his position as judge of Orissa High Court on 22.6.1992 – 8.7.2003 and positioned as Chief Justice of Sikkim High Court on 9.7.2003.Orissa High Court has always been proud of Justice Patra for his sharpness in understanding the dispute brought for adjudication.Justice Patra has his unmatched legal acumen who had discovered the real meaning of the writ jurisdiction of high Court unlike the present day practice in the judiciary of Orissa .
- Writ ,a liberal legislation
Writ jurisdiction bestowed upon the high Court under Article 226 is a kind of liberal legislation to see a litigant should not go without remedy for which the technicality of civil law like CPC has very limited role to play with .But today it is experienced ,judges in writ courts are harping more on technicality than facts meaning thereby to escape the exercising mind for an adjudication.Hence the judgeship in high court level suffers ;but justice para was quite exceptional .Instances are such ,in the absence of the prosecuting counsel ,he had the vision to pass interim order of stay in spite of vehement objections from many other top contesting parties /counsel.But had it been a case today,in the absence of the prosecuting lawyer ,the case would have been made to suffer dismissal for default or in liberal application stay would have been refused or adjourned at the best.justice Patra understands the gravity of facts ,then technicality
and that’s the reason there occurred a permanent vacuum in the judiciary of Odisha .Detailed story on late Justice Patra would be brought for the readers soon.