Chennai: Justice C S Karnan of the Madras High Court today ‘stayed' the apex court's order of transferring him to the Calcutta High Court. Under law, a lower court cannot sit in judgment over an order of higher court, more so the Supreme Court.
In reply to the Chief Justice of India's order stating his transfer, 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."
He has also warned that he would register an FIR against the two apex court judges under the SC/ST ( Prevention of Atrocities) Act.
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.
In another unprecedented move, 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. Earlier today, the Supreme Court had asked the Chief justice of Madras High Court not to assign any judicial work to its controversial judge, who has been ordered to get transferred to the Calcutta High Court. The apex court passed the order on an application moved by the Registrar of Madras High Court, who is also private secretary to the Chief Justice, seeking an order to restrain Justice Karnan from doing any judicial work.
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.
(With PTI inputs)
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