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SC stays HC judge orders on Dinakaran’s decisions

Thus spake the SC The said orders/directions (passed by the Bench headed by Justice DV Shylendra Kumar of the Karnataka High Court) are in complete defiance of the 1998 judgement of this court. We feel it fit to stay the interim orders passed by the Division Bench… and hope good sense will prevail. Since the matter pertains to judicial discipline, we direct the Secretary General of this court to bring it to the notice of the CJI

New Delhi, June 15
Ticking off Karnataka High Court judge Justice DV Shylendra Kumar for overstepping “judicial discipline”, the Supreme Court today stayed his interim orders over some administrative decisions of Chief Justice PD Dinakaran.

Backing Justice Dinakaran, the court said though he was not taking up judicial matters, he was the Chief Justice for all practical purposes and “it is his exclusive prerogative to take administrative decisions, including the composition of Benches, rosters and allocation of work to the puisne judges”.

Justice Dinakaran, whose transfer to another high court has been recommended by the Supreme Court collegium in the wake of corruption and land-grab charges against him, has been a target of Justice Kumar. An impeachment motion against Justice Dinakaran has been initiated in the Rajya Sabha.

A vacation Bench comprising Justices Deepak Verma and KS Radhakrishnan observed that the directions passed by the Bench headed by Justice Kumar were in “complete defiance” of the guidelines laid down by it. “The said orders/directions are in complete defiance of the 1998 judgement of this court,” the Bench said while referring to the verdict in which the guidelines have been laid down for the conduct of the puisne judges in judicial matters.

“The directions/guidelines have been given by this court that how the puisne judges of high courts are required to conduct themselves while dealing with judicial matters. Such guidelines have not been considered by the Division Bench,” the court said. “Under the facts and circumstances of the case, we feel it fit to stay the interim orders passed by the Division Bench,” the court said hoping that “good sense will prevail”. “Since the matter pertains to judicial discipline, we direct the Secretary General of this court to bring it to the notice of the Chief Justice of India,” The Bench asked the apex court registry to convey its order to the registrar of the Karnataka High Court through telephone and fax. At the outset, the Bench wanted to know from senior advocate Udaya Hola, appearing for the high court, about the developments on the issue. “I am part of the system and I have tears in my eyes,” Justice Verma said when Hola made his submission.

In its petition, the Karnataka High Court had complained that Justice Kumar has allegedly “berated” Justice Dinakaran by using “intemperate” language. The petition has also sought quashing of some orders passed by a Bench led by Justice Kumar, who had in the past attacked Justice Dinakaran on his blogs.

While staying the orders, the Bench clarified that its today’s direction would not preclude the high court Division Bench from hearing the matter on merit. — PTI