New Delhi: In an unusual step, the Madras High Court has moved the Supreme Court for a direction to Justice C.S. Karnan, at present a Judge of Calcutta High Court to surrender his house allotted to him during his tenure as a Judge of Madras High Court prior to his transfer to Kolkata.
In its petition the Madras HC said Justice Karnan who was shifted to Calcutta High Court in March 2016 has not yet vacated his official bungalow. It said a judge on transfer cannot keep the house for more than a month but in this case it is now about 10 months and yet he has refused to vacate the bungalow. The High Court said since 14 new judges were appointed in October 2016, the government accommodation is required to be surrendered once Justice Karnan had ceased to be a judge of the Madras HC.
The apex Court last year had stayed several orders passed by Justice Karnan including the suo motu order of staying his transfer to Calcutta HC. This matter comes up for hearing in the second week of February when Justice Karnan is expected to argue himself. The present application is filed in the same pending petition
The petition also faulted Justice Karnan for refusing to hand over 12 important files of the Madras HC after his transfer. It has been found that the files are kept in his residence in Chennai. Despite several letters asking him to vacate the premises and return the files, Justice Karnan continues to be in possession of the house and the files.
The petition also wanted Justice Karnan to be restrained to deal with matters not in his jurisdiction. It said even after his transfer to Calcutta HC, Justice Karnan has issued series of letters to constitutional functionaries which contain derogatory, unsubstantiated and disparaging remarks against the present Chief Justice, a former judge of the Madras HC and other sitting judges in connection with an enquiry initiated by the Chief Justice of India against Justice Karnan.
