Karnan J. ‘stays’ his own transfer order, asks CJI for written statement [Read order]

A few hours after the Supreme Court held that Justice Karnan need not be assigned judicial work, the Madras High Court judge has passed a suo motu order staying the Chief Justice of India’s order transferring him to the Calcutta High Court..Karnan J. had been given transfer orders on February 12, possibly in light of the controversies he had involved himself in during his tenure..He has passed the interim judicial order today, through a letter addressed to Chief Justice Thakur, with Prime Minister Narendra Modi and Law Minister DV Sadananda Gowda marked on it..And what is even more astonishing is the fact that he has justified his actions to “maintain the sanctity” of the Second judges case decided by the Supreme Court..The fact, however, is that there is nothing in the Second Judges case to render Karnan J.’s claims even slightly legitimate. In Justice JS Verma’s verdict, it is clearly stated,.“(8) Consent of the transferred Judge/Chief Justice is not required for either the first of any subsequent transfer from one High Court to another.. (9) Any transfer made on the recommendation of the Chief Justice of India is not to be deemed to be punitive, and such transfer is not justiciable on any ground.”.But that is not all. The High Court judge has also asked Chief Justice Thakur to submit a “written statement” by April 29 this year..He concludes the order by saying,.“As a regard for our judicial fraternity, I request your Lordship not to interfere in my jurisdiction, as I am in the process of finalizing an order on merits.”.It will be interesting to see the reaction of Chief Justice TS Thakur to this much-awaited order on merits..Read the order:.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.