Your Lordship, I stay your order: Madras HC judge to CJI
Chennai: Known for his penchant for controversies, Justice C S Karnan of Madras High Court yesterday ‘stayed’ the order of the Chief Justice of India (CJI) 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.
Justice C S Karnan
He also requested the CJI to submit a written statement on the issue through his subordinates by April 29. He even requested the CJI ‘not to interfere’ with his jurisdiction.
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."
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," Karnan added.
While referring to the order, Karnan said he was staying the February 12, 2016, order of the CJI, recommending his transfer to the Calcutta High Court.