On 15th February, 2016, Justice Karnan took a matter of his transfer from Madras HC to Calcutta HC as a suo moto matter. Justice Karnan took this matter under Article 226 stating that the transfer of a judge is an administrative matter and hence can be taken under Article 226. He further said in the order that the Supreme Court judges should not interfere in his jurisdiction. And has asked the CJI to file a reply through his subordinate by 29.04.2016, and till that time he has stayed the order of his transfer.
But, in the meanwhile the Supreme Court has already passed an order on this issue on 15th February, 2016 in which the court said :
“Having taken note of the situation, in our view it would be appropriate, that Hon’ble Mr. Justice C.S. Karnan should hear and dispose of only such matters as are specially assigned to him by Hon’ble the Chief Justice of the Madras High Court. It will be open to Hon’ble the Chief Justice of the High Court, not to assign any further administrative/judicial work to him. This would imply, that no other orders shall be passed by Hon’ble Mr. Justice C.S. Karnan, suo-motu or otherwise, in any matter not specially assigned to him.
The operation of all or any administrative/judicial order(s) passed by Hon’ble Mr. 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 Hon’ble the Chief Justice), shall remain stayed till further orders.”
So, thus as per this judgement of Supreme Court the stay order passed by Justice Karnan is void.
This, was an unprecendent move taken by the Justice Karnan. And this has led to a situation of daze amoung the legal faternity.
Written by : Mudit Maheshwari