Plea to stay case against Chief Justice in Supreme Court
Justice Karnan has accused the CJ of interfering in his judicial order
New Delhi: The Supreme Court will hear on Monday an unprecedented petition from the registrar general of the Madras High Court to stay an order, passed by Justice Karnan of the HC, threatening to initiate contempt proceedings against Chief Justice Sanjay Kishen Kaul. Justice Karnan has accused the CJ of interfering in his judicial order through CJ’s administrative directions.
A Bench of Chief Justice of India H.L. Dattu, Justice S.A. Bode and Justice Arun Mishra will hear the appeal in which the registrar general has taken exception to Justice Karnan passing an order dated April 30, directing status quo on the selections made by the TN Public Service Commission for the post of civil judge (junior division).
The RG contended that Justice Karnan’s order was without jurisdiction, lacking in self-restraint, amounted to judicial indiscipline and challenging the authority of the Chief Justice of the High Court.
On April 16, Justice Karnan passed an injunction order in a suo motu petition staying the interviews for selection of civil judges between April 15 and 21. On April 17, a Division Bench of the Madras High Court, stayed the Single Judge’s order while observing that “administrative control of the HC is vested only with the CJ.”
In view of the Division Bench’s order, Justice Kaul, by his administrative order, directed the registry to not to list the suo motu petition before Justice Karnan.
On this, Justice Karnan observed that the order of the CJ is an administrative order which “runs against the Judicial Order of the court” and is “against law and justice”.
Justice Karnan directed the registry to list the suo motu petition before him while setting aside the administrative.
Justice Karnan also said the five judges selection panel had committed contempt from 10 am to 4 pm on April 17 when it went ahead with the interviews despite the stay order passed on April 16.