Madras High Court judge CS Karnan stays order for his transfer

NEW DELHI: Madras High Court judge CS Karnan on Monday created judicial history of sorts when he stayed an order transferring him to the Calcutta High Court, in an open defiance of sorts of the top court collegium’s Feb 12 order, prompting the Supreme Court to stay his order and ask the High Court Chief Justice to either allot him specific cases or none at all.

Justice Karnan was asked henceforward to deal only with cases he was assigned.

A bench, comprising Justices J.S. Khehar and R Banumathi, took note of Karnan’s threat on Sunday to pass a judicial order staying his own transfer order to permit the Chief Justice there to withhold all judicial work from him should he choose to do so. Though the court uses a legal euphemism to make the order look only obligatory, it is mandatory. The court only leaves the discretion to the HC Chief Justice as it lacks the power of superintendence over the High Court, though High Courts can issue mandatory orders to lower courts.

Justice Karnan will now have no option but to go to Calcutta High Court where he has been transferred or face further disciplinary steps. “Having taken note of the situation, in our view it would be appropriate, that Justice CS Karnan should hear and dispose of only such matters as are specially assigned to him by the Chief Justice of the Madras High Court. It will be open to the Chief Justice of the High Court, not to assign any further administrative/judicial work to him.”