Unprecedented: Madras HC judge 'stays' own transfer order by SC, says will order FIR against apex court judges

Chennai: Known for his penchant for controversies, Justice CS Karnan of the Madras High Court has said that he would order an FIR to be registered against the two Supreme Court judges under the SC/ST ( Prevention of Atrocities) Act.

Justice CS Karnan is currently under transfer to the Calcutta High Court and restrained by a two-judge bench of the Supreme Court from taking judicial work.

According to TOI, Justice CS Karnan has said that only allocation of judicial work has been stopped, his judicial powers are still with him. "I will pass a suo motu judicial order to the Chennai police commissioner to register an FIR against the two judges," Justice Karnan said.

 

Earlier, in an unprecedented move, Justice CS Karnan of Madras High Court on Monday had "stayed" the order of the Chief Justice of India 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.

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.” 

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. 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.