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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