Justice Karnan ‘stays’ CJI order of his transfer to Calcutta HC

Referring to judgement of his transfer to Calcutta High Court, Justice Karnan said the CJI's proposal of transfer goes against the judgement of refraining him from any judicial work.

By: PTI | Chennai | Updated: February 15, 2016 3:49 pm
Criminal cases, Supreme court, lawmakers case, lucknow news Justice C S Karnan stays Supreme Court’s order of his transfer to Calcutta High Court.

Known for his penchant for controversies, Justice C S Karnan of Madras High Court on Monday “stayed” the order of the Chief Justice of India transferring him to Calcutta High Court.

Under law, a lower court cannot sit in judgment over an order of higher court, more so the Supreme Court.

In a suo motu order, Justice Karnan said, “Your Lordship’s proposal for my transfer to the Calcutta High Court, citing better administration, has already been answered on an initial xerox copy of the present hard copy sent by Your Lordship.”

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Referring to judgment by a nine-judge Supreme Court bench headed by Justice S Ratnavel Pandian in 1993, he said the CJI’s proposal of transfer goes against this judgement. “Besides the CJI’s order is indicative of being an administrative order.”

While referring to the order, he said he was staying the February 12, 2016 order of the CJI, recommending his transfer to the Calcutta High court.

Justice Karnan also requested the CJI to submit a written statement on the issue through his subordinates by April 29. “Till such time, this interim order may be operated upon.”

He also requested the CJI “not to interfere” with his jurisdiction.

Justice Karnan sent a copy of the judicial order to the President, Prime Minister, Union Law Minister and to other political leaders, including Sonia Gandhi, Ram Vilas Paswan and Mayawati, as well as National Commission for Scheduled Castes and Scheduled Tribes.

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First Published on: February 15, 2016 3:40 pm
  1. D
    Damodaran Marathi Varadarajulu
    Feb 15, 2016 at 8:07 pm
    Judges appointments by judges leads only these kinds of funny things
    Reply
    1. D
      d ravi
      Feb 15, 2016 at 11:22 am
      Unprecedented mockery of our Judicial System.Even a layman knows that an order of the Honble Supreme Court cannot be challenged.If the consution has such a provision it should immediately be revisited and and removed. We should remember that at a time when we are attracting foreign investments and so on such actions would show us in poor light.
      Reply
      1. T
        Thieme Thieme
        Feb 15, 2016 at 2:05 pm
        It is needless to say that by sending letters to Vilas Paswan and Mayawati, as well as National Commission for Scheduled Castes and Scheduled Tribes, this matter is going to be twisted as Communal matter
        Reply
        1. V
          vijay
          Feb 21, 2016 at 1:45 pm
          Justice Karnan is to bear in mind that ours is the Rule of Judges and we are miles away from Rule of Laws.......and you be ready to face the tune of Rule of Judges.....
          Reply