Chennai: The tussle between the large lawyer fraternity in the Madras high court and the top judiciary over the list of twelve names recommended to the Supreme Court for elevation as judges, took a serious turn on Thursday with the Madras High Court Advocates’ Association (MHAA) alleging that the Chief Justice of India had a role to play in the making of the ‘list’.
“We understand that recommending and forwarding the names of twelve advocates shortlisted by the collegium on the interference of the Chief Justice of India and the implied communication among the collegium and the Chief Justice of India, clearly goes to prove that there is no proper and effective consultation,” the MHAA said in a petition, its senior office-bearers presented to Governor K. Rosaiah, requesting him to recall the list.
MHAA president R. C. Paul Kanagaraj told DC that the Governor assured the delegation that he would do his best and would speak to the Central Government in this regard. In a related development, Justice C.S. Karnan wrote to the National ComÂmission for Scheduled Castes and Scheduled Tribes, seeking action against Chief Justice R.K. Agrawal for changing his portfolio from Karur to Sivaganga.
Since the CJ had humiliated him, the Commission should punish him under the SC/ST (Prevention of Atrocities) Act, said Justice Karnan, who had some time ago, alleged that some of his brother judges were insulting and humiliating him because he is a Dalit.
Justice Karnan had come under fire with Chief Justice Agrawal writing to the Chief Justice of India seeking his transfer for barging into his chambers and hurling “a volley of invectives” at him on January 8.
Next: Lawyers seek Gov’s intervention
Lawyers seek Gov’s intervention
J Stalin | DC
Chennai: The lawyers’ war seeking recall of the list of 12 names recommended by the Madras high coÂurt collegium for elevation as judges opened a new flank on Thursday with the Madras High Court Advocates’ AssoÂciÂation (MHAA) meeting Governor K Rosaiah with a petition seeking his intervention.
More seriously, the association hinted that the Chief Justice of India haÂd intervened in preÂparing the list, which it said included advocates lacking in inteÂgrity and professional competenÂce. Besides, there was no prÂoper consultation amÂoÂng the collegium to enÂsure transparency in geÂtÂÂting the list ready, it told the Governor, who reportedly promised to do his best, even speak to the Central GoveÂrnÂment.
The eight-page ‘charÂgÂe-sheet’ presented by MHAA to Governor RosÂaiah made disturbing reading. There were acÂcÂÂuÂsations that the collegium—which comprÂiÂsed Chief Justice R K AgÂrawal, Justice S K Agnihotri and Justice Chitra Venkataraman--that prepared the ‘list’ had violated the norms set by the Apex Court. The selection process lacked transparency and some of the advocates chosen did not possess sufficient experience and expertise.
“We reasonably understand that while recommending and forwarding the names of 12 advocates short-listed by the collegium on the interference of the ChiÂef Justice of India and the implied communication among the collegium and Chief Justice of India would clearly go to prove that there is no proper and effective consultation”, said the MHAA petition to Governor Rosaiah.
The MHAA sought the Governor’s “noble intervention” to withdraw the list as otherwise there would be “total unrest in the campus” as the list had people “not suitable to hold the post of additional judges”.
“This lists if goes through would undermine the integrity, efficiency and the constitutional importance of our judiciary. A substandard judiciary will become a subversive judiciary in its duty as custodian of our Constitution”, said the lawyers’ collective.
Next: Karnan seeks action on CJ
Karnan seeks action on CJ
Chennai: Justice C.S. Karnan has petitioned the National Commission for SC/ST seeking action against Chief Justice R K Agrawal for allegedly humiliating him by changing his portfolio from Karur district to Sivagangai.
He had felt “very humiliated” by the “unbecoming action” of the CJ in ordering the change of portfolio, Justice Karnan said in his petition.
According to Justice Karnan, the 'humiliation' to him was from the portfolio change after he negotiated peace among some agitating lawyers in Kulithalai regarding the inauguration of a combined court building there.
The issue was sorted out and even the invitations were printed announcing that he would inaugurate the building. But with only four days to go before the function, the CJ changed his portfolio to Sivagangai and allotted Karur to Justice R. Mala, “who belongs to a caste Hindu community” and she performed the inauguration “after me initiating every step towards its fulfillment”, Justice Karnan said in his petition.
Interestingly, though the petition is dated January 6, copies of it were released to the media by the staff at his residence only on Thursday (January 16) evening, that too unsigned. Also, the judge has marked copies to 10 other dignitaries, including the President, Prime Minister, Union Law Minister, Home Minister and BSP leader Mayawati. Though his list included three Supreme Court judges, the Chief Justice of India does not figure.
Chief Justice Agrawal had written to Chief Justice of India on January 8 asking for the transfer of Justice Karnan alleging that he had barged into his chambers on that day and hurled abuse.
Next: CJ alleges abuse, seeks transfer of judge
CJ alleges abuse, seeks transfer of judge
Chennai: Chief Justice R.K. AgraÂwal has written to Chief Justice of India P SatÂhasivam seeking transfer of Justice C S Karnan alleging that the judge had barged into his chambers on January 8 and hurled "a volley of invectives" at him.
Recalling that "most unfortunate incident in my whole career as a judge", CJ Agrawal told the CJI that Justice Karnan abused him and listed out the 'invectives'. "Needless to say, all of these are baseless and a figment of his imagination", said the CJ. He said he remained silent while Justice Karnan "went on shouting for almost five minutes" and his private secretary was a witness.
CJ said Justice Karnan demanded that he be assigned a particular portfolio, to which he replied that it could be considered at the time of the change of roster, from March 1, but he insisted on immediate change.
The judge also told him that he (CJ) had not been vested with any administrative powers and that he was not able to control the high court. "He also said that because of me, there is a problem among advocates in Tamil Nadu and Puducherry. He also added that I should resign immediately", Justice Agrawal said in his letter to CJI.
He said there had been "lot of complaints" from brother judges against Justice Karnan. His conduct in the present incident (Jan 8) "is not only unbecoming of a judge but also tends to undermine the dignity of the Chief Justice and brings a bad name to the institution".
In the interest of public, for better administration of justice and for greater confidence in the demeanour and conduct of the judges, Justice Karnan may be transferred from the Madras high court "at the earliest", said the CJ.
