Justice Karnan Stirs Another Flutter on Naming of Judges

By T S Sekaran - CHENNAI The New Indian Express

Published: 18th January 2014 07:43 AM

Last Updated: 18th January 2014 08:32 AM

Justice C S Karnan of the Madras High Court, who is known for controversies, created yet another flutter on Friday by accusing the Madras High Court collegium, which recommended 12 names for appointment as judges to the High Court in December last year, of committing “irregularities” in the process.

In a statement appearing to be an affidavit filed in the filing section of the High Court in response to a public interest writ petition from senior advocate R Gandhi last week, Justice Karnan appealed to the President of India to appoint a ‘honest high-level committee’ consisting of one retired judge each from the Supreme Court and the Madras HC, two retired IAS officers and an IPS officer to look into “irregularities” in the High Court administration. Naming some judges, he said such irregularities could even result in their impeachment.

“Further, the irregularity statements will be included in the unfair selection list of judges, which is the subject matter of this writ petition. My suggestions are not a mere submission but based on documentary evidence available with the Registry...,” he said.

When the proceedings were on, on the PIL from Gandhi, Justice Karnan had stormed into the court of Justice Dhanapalan on January 8 and alleged that the selection was improper. He also told the judge that he was a part of judiciary and he would file an affidavit.

But the ‘statement’ issued on January 10 was not an affidavit, even though it had the format of an affidavit. It began with the words “suggestions of justice Karnan in the interest of justice and public confidence to maintain and control the high irregularities and also to rectify the transgressions”. He also served a copy of the same to Gandhi and another one to the filing section.

On Friday too, he ‘issued’ a similar ‘statement’ beginning with the words “additional suggestions of Justice Karnan...”.

He said that it was imperative to convene a meeting with the office-bearers of the various Bar associations, including Gandhi and his counsel S Prabakaran. After that a Full Court meeting should be convened to seek the views of the judges. Thereafter the Collegium may prepare another list. Till such time the present disputed list may be recalled.

“I am totally in concurrence with the stand taken by the Bar members. Therefore, it could be construed that the cordial relationship between the brother judges and myself is not of paramount importance but the requirement should be the smooth running of the courts and public confidence maintained at all times,” he said and added that his entry into the court enabled him to disclose the violations in the selection of judges. The intention was to initiate discussions on such irregularities, which is not based on child-ego, but based on a serious grip of the ground situation on hand, he added.