Supreme Court steps in as judge in Tami Nadu ‘stays’ transfer

The Supreme Court on Monday stepped in to save the embarrassment caused to Chief Justice of India T.S. Thakur by a suo motu judicial order passed by Justice C.S. Karnan of the Madras high court “staying” the recommendation for his transfer as a judge of the Calcutta high court on February 12.

Taking note of submissions by senior counsel K.K. Venugopal, appearing for the registrar-general of the Madras high court on Justice Karnan’s action, a bench of Justices J.S. Khehar and R. Banumathi said “the operation of all or any administrative/judicial order(s) passed by Justice C.S. Karnan, after the issuance of the proposal of his transfer from the Madras high court dated 12.02.2016 (unless specially assigned to him, by the chief justice of the high court), shall remain stayed till further orders.”

The bench said it will be open to the high court chief justice not to assign any further administrative/judicial work to him. This would imply that no other orders shall be passed by Justice Karnan, suo motu or otherwise, in any matter not specially assigned to him.

Earlier Mr Venugopal presented an affidavit by B. Hari, registrar-cum-private secretary to the Madras high court chief justice dated 14.02.2016 saying Justice Karnan had orally stayed the transfer order and the written order will be issued Monday. He also drew the court’s attention to various suo motu orders passed by Justice Karnan in the past few days.

Initially the bench did not stay Justice Karnan’ suo motu order but only asked the high court chief justice not to assign him any work. But in the afternoon a copy of the order was submitted to the bench, that updated the order and stayed all orders by Justice Karnan after February 12.

The bench said: “A perusal of the affidavit reveals Justice C.S. Karnan has received the proposal of his transfer from the High Court of Madras dated 12.02.2016. Having taken note of the situation, in our view it would be appropriate that Justice C.S. Karnan should hear and dispose of only such matters as are specially assigned to him by the Chief Justice of the Madras High Court.”

It said a copy of this order shall be furnished to Justice C.S. Karnan by the high court registrar-general.

Earlier, in his suo motu order, Justice Karnan referred to the communication on his transfer and said: “It is beyond my comprehension to discern Your Lordship’s comment on better administration and would suggest that Your Lordship refer to the (decision of the) nine-judge bench of the apex court delivered in 1993. Your Lordship’s proposal of transfer goes against this judgment. Your Lordship’s order is indicative of being an administrative order.”

Justice Karnan said: “In order to maintain the sanctity of the judgment cited above, I am apt to constrain Your Lordship’s order by staying the tentative recommendation dated February 12. I request Your Lordship to submit your written statement on the said issue through your subordinates by April 29. Till such time, this interim order may be operated upon. As a regard for our judicial fraternity, I request Your Lordship not to interfere in my jurisdiction as I am in the process of finalising an order on merits.”

Justice Karnan has been in the news in the past two years for passing various controversial orders on other judges and the chief justice, threatening him with contempt action and also initiating action under the SC/ST Atrocities Prevention Act.

In May last year, the Supreme Court passed a restraint order on a special leave petition filed by the high court registrar-general challenging Justice Karnan’s suo motu order on the Tamil Nadu Public Service Commission and directing initiation of contempt proceedings against Chief Justice Sanjay Kishan Kaul for not implementing his order through his administrative directions.