TIOL-DDT 2308 · Thursday, 6 March 2014 · story 5 of 6

Supreme Court Judges fume inside at behaviour of High Court Judge

THE Supreme Court in a judgement delivered yesterday fumed inside at the sudden unfamiliar incident on a raw unconventional protest that was unexpected, uncharitable and ungenerous, and to say the least it was indecorous.

Their Lordships were referring to the unconventional behaviour of Justice CS Karnan of the Madras High Court.

For the uninitiated, on 8th January 2014, Justice Karnan, a sitting judge of the Madras High Court stormed into a courtroom where two judges were hearing a PIL against alleged partisanship in appointment of judges to the Madras High Court. He told the court that the selection was indeed unfair. It was a first in India’s Judicial history when a sitting judge of the High Court storms into a courtroom and makes his submissions.

The Supreme Court observed,

The exceptional personal conduct of the learned Judge does not require any judicial response for investigating the unusual circumstances and scrutinising the same as it is not necessary to decide the issue at hand which can be otherwise disposed off in the manner as indicated herein. The learned Judge may have found himself caught in a conflict of class or caste structure and it appears that matured patience might have given way to injure rules of protocol.

It is said that immense dignity is expected, and weaknesses or personal notions should not be exposed so as to affect judicial proceedings. Judges cannot be governed, nor their decisions should be affected, only by the obvious, as proceedings in a court are conducted by taking judicial notice of such facts that may be necessary to decide an issue.

With the above observations and dignified reluctance touching disapproval, we leave this matter for any future milestone to be covered appropriately.