Madras High Court judge stays his own transfer order

In unprecedented order, Madras High Court judge C.S. Karnan on Monday stayed his transfer to the Calcutta High Court.

Background:

ü  The Supreme Court Collegium had transferred Justice Karnan to the Calcutta High Court. But Justice Karnan tried to take up the issue of his transfer as a suo motu PIL petition and stay the transfer order — a move unheard of in judicial history of the country.

ü  The High Court Registrar immediately moved the Supreme Court, seeking to prevent Justice Karnan from going ahead with his move.

ü  A Bench comprising Justices J.S. Khehar and R. Banumathi asked the Madras High Court Chief Justice to immediately withdraw all judicial work from Justice Karnan.

ü  Justice Karnan on Monday had “stayed” the order of the Chief Justice of India transferring him to the Calcutta High Court.

Rule:

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

§  Justice CS Karnan has given the Reference of a judgment by a nine-judge Supreme Court Bench headed by Justice S Ratnavel Pandian in 1993, he said the CJI’s proposal of transfer went against this judgment.

ü  “Besides the CJI’s order is indicative of being an administrative order.”

ü  Justice Karnan also requested the CJI to submit a written statement on the issue through his subordinates by April 29.

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