Madras HC's judge 'stays' own transfer ordered by Chief Justice of India

Move comes after Supreme Court barred the judge from hearing any case after he was transferred to the Calcutta High Court last week

The crisis which was brewing in the Madras High Court for more than  a year over the conduct of one its judges, Justice C S  Karnan, spilled over to the Supreme Court on Monday when the apex court barred the judge from hearing any case after he was transferred to the Calcutta High Court last week.

A bench headed by Justice J S Khehar also asked the high court Chief Justice Sanjay Kishan Kaul not to allot any work to the judge. The court said if the judge had anything to say, he could appear before it.

In response, the judge, who has been raising issues related to caste discrimination against him, defied the transfer order and issued a stay order on his own against the chief justice’s letter transferring him.

Chief Justice T S Thakur headed the collegium which transferred the judge along with several others in other high courts. Justice Karnan, who has been transferred out “for better administration”, has also demanded a statement from the Chief Justice.

The bench of Justice Khehar today took up the affidavit received from the registrar general of the high court detailing the unprecedented situation arising from the stand of Justice Karnan.

Justice Karnan, who has a penchant for controversies, has reportedly sent the copies of his order to the President and other constitutional dignitaries. According to him, his order against the Chief Justice’s transfer order will remain in force till April 29, 2016.

Justice Karnan, 60, has created unprecedented scenes in the high court earlier. In November 2011, he openly alleged that some of his brother judges humiliated Dalit judges, who were targeted on the basis of caste. He called a press conference once to allege that he was facing humiliation since 2009 when he was appointed to the High Court. At one stage, he stormed the court room and criticised the selection of civil judges in Tamil Nadu, alleging bias against Dalits. He had also lodged a complaint with the National Commission for Scheduled Castes and Tribes.

 When the judge on his own stayed the order of his Chief Justice Kaul with regard to the selection of civil judges the high court registrar moved the Supreme Court and the apex court stayed that order last year.

He had once told the media that a brother judge deliberately rubbed his shoes against him and trampled a card carrying his name at a function.  Two other judges were watching and smiling, he had alleged at the time.