Karnataka HC moves SC against own judge

In an unusual action, Karnataka HC today approached the Supreme Court complaining against its own judge, Justice D V Shylendra Kumar, accusing him of "berating" Chief Justice P D Dinakaran by using "intemperate" language.

Updated: Jun 14, 2010, 18:32 PM IST

New Delhi: In an unusual action,
Karnataka High Court today approached the Supreme Court
complaining against its own judge, Justice D V Shylendra
Kumar, accusing him of "berating" Chief Justice P D Dinakaran
by using "intemperate" language.

The petition has also sought quashing of some orders
passed by a Bench headed by Justice Shylendra Kumar, who had
in the past attacked Justice Dinakaran in his blogs, in which
he has questioned administrative decisions of Justice
Dinakaran relating to the roaster of the Benches and work
allocation for judges in the Principal and Circuit Benches.

The petition filed through the Registrar General of
the High Court was mentioned before a vacation Bench
comprising Justices Deepak Verma and K S Radhakrishnan which
decided to hear it tomorrow.

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 the target of Justice Shylendra Kumar ever since.

The High Court alleged that the Bench headed by
Justice Shylendra Kumar was using "intemperate" language
against the Chief Justice Dinakaran for publicity and even
"orally threatened to initiate contempt proceedings" against
the Registry if it would not comply with it orders.

Though, the practice of oral mentioning of the
petition has been done away after Justice S H Kapadia took
over as Chief Justice of India, the Bench decided to consider
High Court`s petition after an oral mention as a special case.

However, when senior advocate Udaya Hola, mentioned
the High Court`s petition, the Bench said some defects have
been pointed out by the apex court Registry which have to be
rectified before it can be listed.

After taking the corrective measures, Hola, former
Advocate General of Karnataka mentioned the petition at the
end of the day`s proceedings before the Bench, which said it
will go through the files and hear the matter tomorrow.

The senior advocate said despite knowing that the four
orders of the Bench headed by Justice Shylendra Kumar have
been challenged in the apex court, the Judge has called for
the files from the Registrar of the High Court and hearing
them in the open court today.

In the petition filed by the High Court, it has been
alleged that while hearing a tax/customs matter, a division
bench of Justices Shylendra Kumar and N Ananda, questioned the
administrative decisions taken by Chief Justice Dinakaran and
sought information from the Registrar General about the
roaster of the judges and allocation of work for judges of
the Principal and Circuit Benches.

The High Court has sought quashing of four orders
passed on consecutive hearings on June 4, 9, 10 and 11
respectively.

The Bench has questioned the decision of Chief Justice
not listing the tax matter on a particular date before the
circuit bench at Dharwar where Justice Shylendra Kumar was
presiding it.

-PTI