SC pulls up 'blogger' judge of Karnataka high court

NEW DELHI: Talking tough on judicial indiscipline, the Supreme Court on Tuesday stayed the interim orders of Justice D V Shylendra Kumar, the blogger judge of Karnataka high court, questioning the administrative decisions of Chief Justice P D Dinakaran who is accused of land grab and judicial impropriety.

“Under the facts and circumstances of the case, we feel it fit to stay the interim orders passed by the division bench (headed by justice Shylendra Kumar),” said a vacation bench comprising Justice Deepak Verma and Justice K S Radhakrishnan.

The apex court passed the order on a petition filed by the Karnataka High Court questioning some of the orders passed by the bench headed by Justice Kumar. It also complained that Justice Kumar had allegedly “berated” Justice Dinakaran by using “intemperate” language against him.

The judges, while putting on hold such orders said the directions passed by the bench headed by Justice Kumar was in complete defiance of the guidelines laid down by the apex court.

The bench further said though Justice Dinakaran was not taking judicial matters but for all other practical purposes he is the Chief Justice of the High Court and this is his exclusive prerogative to take administrative decisions including the composition of benches, rosters and allocation of work to the judges.

The high court in its petition had said while hearing a tax/customs matter, a division bench of Justice Kumar and Justice N Ananda, questioned the administrative decisions taken by Justice Dinakaran and sought information from the Registrar General about the roster of the judges and allocation of work to judges of the principal and circuit benches.

Taking exception to it, the apex court bench said: “We are of concerned opinion that it would be inappropriate for any bench that any judicial matter be discussed in extra judicial manner.”

The court, however, makes it clear that it was not precluding the high court division bench from hearing the matters on merit. It referred the matter to the Chief Justice of India, Justice S H Kapadia to decide saying it involves the issue of judicial discipline.

The matter will come up for hearing after opening of the apex court which is scheduled to open on July 5 after summer vacation. The bench asked the apex court registry to convey its order to the registrar of the Karnataka High Court through telephone and fax.

In an unusual move the High Court Registry had approached the apex court against Justice Kumar alleging that he was targeting Justice Dinakaran, whose transfer to the Sikkim High Court has been recommended by the Supreme Court collegium in the wake of corruption and land grab charges.

The petition said that Justice Kumar had attacked Justice Dinakaran in his blogs.
Justice Kumar in his blogs strongly advocated for the declaration of the assets by the judges of the higher judiciary. Later, the pressure from the within and public, the apex court judges posted the details of their assets on the web site of the supreme court.

He had also run-ins with former chief justice K G Balakrishnan (now chairman of NHRC) over the issue of the application of Right to Information Act (RTI) to the judiciary. Justice Kumar had not spared the Supreme Court collegium also which consists of CJI and four senior judges of SC and decides the transfer of high court judges or their elevation to the apex court.