The Supreme Court on Monday told the Madras High Court chief justice to stop assigning judicial work to incumbent Madras High Court judge, justice C.S. Karnan, who had earlier “stayed” the apex court’s order transferring him to Calcutta High Court.
As per law, a lower court cannot sit in judgment over a higher court order, especially the Supreme Court’s.
In a suo motu order, Justice Karnan had said, "Your Lordship's proposal for my transfer to the Calcutta High Court, citing better administration, has already been answered on an initial xerox copy of the present hard copy sent by Your Lordship."
This Supreme Court’s latest order would imply a stay on Justice Karnan’s order that stayed his own transfer. The transfer was issued by Chief Justice of India Justice T.S. Thakur on February 12..
Last week, requesting the Chief Justice of India (CJI) to submit a written statement on the issue through his subordinates by April 29, justice Karnan had said that till such time, the interim order may be operated upon, thereby staying his own transfer.
Justice Karnan, who sent a copy of the judicial order to the President, Prime Minister, Union Law Minister and to other political leaders including Sonia Gandhi as well as National Commission for Scheduled Castes and Scheduled Tribes, also requested the CJI "not to interfere" with his jurisdiction.
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