Madras HC Judge C. S. Karnan brought Judicial Hierarchy in strain by Staying his Transfer

In the wake of decision taken by Chief Justice of India for the transfer of the Four High Court Judges, one of the judge to the High Court of Madras, Justice C. S. Karnan had stayed, the decision and forced the Supreme Court to authorize a freeze on his functions as a judge. The action was found taken place on this Monday, i.e. on 15th day of this February.

It was recently seen in the country, that the honourable Chief Justice of India has reached to the unprecedented conclusion on the issue of transfer of Four High Court’s judges. However, in such development, Chief Justice of India’s recommendations relating to such transfer was considered by Justice C. S. Karnan who had passed a suo motu judicial order and stayed such recommendations. This was informed by the Madras High Court to Justice J. S. Khehar and Justice, R. Banumathi that its sitting judges C. S. Karnan has taken this move. Moreover, the staying order which was passed by Justice Karnan is seemed directly addressing to the Chief Justice of India.

Also, notably, as per the comments of this high Court Judge, he was ashamed of being born in India and also he would not hesitate to migrate to the country where the discrimination on the caste is not in existence. He also said that he will direct the Chennai Commissioner of Police to register the cases under the SC/ ST (Prevention of Atrocities Act) against the conduct of two judges from the Top Court.

Moreover, his written letter’s copies have been sent by him to the President of India, Prime Minister, Mister for Consumer Affairs, Union Law Minister, National Commission for Schedule Caste and Scheduled Tribes Chairperson and President to Congress Party.

He also commented in his words, by informing addressing to the Chief Justice of India, “Don’t interfere in my Jurisdiction”.  Notably, Chief Justice of India had recommended his transfer to Kolkata. As per his further comments, he required Chief Justice of India to file a ‘written statement’ through his subordinate by 29th day of April, this year.

Adv. Faim Khalilkhan Pathan