SC throws down, de facto strips Justice CS Karnan of judicial powers ahead of potential impasse

The Supreme Court has rendered Madras high court judge Justice CS Karnan judicially impotent, ordering that he should not be allocated any cases and even if he did pass any orders suo motu, those should be ignored, reported The Hindu and others.

“On account of the fact that Justice CS Karnan had received his transfer order, we consider it just and appropriate to allow the Chief Justice of the Madras high court not to allow any further judicial work to him,” Justice JS Khehar ordered, sitting on a bench with Justice B Banumathi.

Senior advocate KK Venugopal told the bench that Karnan had received his transfer order on 12 February which Karnan had treatened to stay suo motu.

Jaskirat Singh Bawa tweeting at @JaskiratSB had shared Karnan’s letter to the Chief Justice of India (CJI) TS Thakur threatening to stay his transfer to the Calcutta high court.

Karnan had written: “I am apt to constrain Your Lordship’s Order after invoking Article 226 of the Constitution of India, by staying Your Lordship’s tentative recommendation Order dated 12.02.2016… I request Your Lordship not to interfere in my jurisdiction, as I am in the process of finalizing an order on merits.”

Comments

Commenter 15 Feb 2016, 09:54
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What a mess! Litigators, is his order technically sound?
Alumni from some NLU 15 Feb 2016, 10:10
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Does this even need to be asked?
Jiggles 15 Feb 2016, 15:04
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Principles of natural justice, bias, Nemo iudex in causa sua, anything?
Wow 15 Feb 2016, 10:25
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The Lord merely proposes... and the man disposes! Wonder what makes such potentates so untouchable.
TamBram 15 Feb 2016, 10:26
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Impeachment perhaps?
Mentee 15 Feb 2016, 18:54
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Prof. Is that you?
hubba 15 Feb 2016, 11:19
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hu hu. bade mazze aaye! :)
fgh 15 Feb 2016, 11:21
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order is on the judicial side staying the admin side order therefore, it shall hold goods unless set aside/quashed on the judicial side by appeal. The division bench of High Court can/should pass orders.
LAW123 15 Feb 2016, 15:22
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No one can be a judge in his own case... Recusal???
Guest 15 Feb 2016, 11:51
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Perfect example of collegium gone wrong....avoidable appointment..
Back Bencher 15 Feb 2016, 13:49
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Yeh constitution mujhe de de T.S. Thakur . . . rishtey mein hum tumhare baap lagte hain.
adv Bade 15 Feb 2016, 16:29
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Well it's really shocking n horrifying to know such a awkward situations in judiciary what message we are giving to public very pathetic and annoying the way judges behave
Guest 16 Feb 2016, 01:29
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judges are law unto themselves. A sweeper or PM can be questioned but a Judge is above all laws of the world. they are unique species with a self created "suraksha kwach"- safety band.A judge has a fundamental right to be corrupt, rapist,unjust,unfair,biased and ----. Even a CJI cannot do anything against them. Even God cannot do anything to them.A judge is indestructible, answerable to none , not even to own self. ha ha ha . They are looting billions from husbands through 498a/dv/125 laws They are responsible for 80,000 forced suicides by married men every year.Each judge is giving his own interpretation of laws , his own opinions rather than "justice". Judges of lower courts overrule even SC , infact any judge can over-rule judgment of ANY judge. He is the "LORD". ISN'T IT SHAMEFUL?
Insubordinate 16 Feb 2016, 11:55
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Enjoying the judicial fracas. Earlier this month, a court in UP had again admitted a challenge in a property dispute after the matter had been decided and appeals exhausted in both the High Court and Supreme Court.

A livid SC sends a contempt notice to the party bringing the claim, but had nothing apparently to say to the judge who admitted that claim.

In these days of PILs, and passing daily orders on how to run the govt. and calling all and sundry for attendance in open court, and of course retaining the right to appoint themselves, it must be particularly painful for their lordships to find their powers challenged from within!!
Fact check 17 Feb 2016, 13:00
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That had happened because the party concerned had misrepresented the fact with respect to previous litigation. The Judge was not aware regarding the same. Similarly, the lawyer who filed such a claim also got away scott free since even we lawyers seem to be beyond any control.
CAMer 17 Feb 2016, 00:08
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Is this judge a bhopal or jodhpur alumni ? Very puzzled