SC stays orders of Karnataka HC judge on Dinakaran`s decisions

The Supreme Court stayed the interim orders of Karnataka High Court judge, Justice D V Shylendra Kumar.

Updated: Jun 15, 2010, 13:48 PM IST

New Delhi: The Supreme Court on Tuesday stayed
the interim orders of Karnataka High Court judge, Justice D V
Shylendra Kumar, questioning the administrative decisions of
Chief Justice P D Dinakaran, who is facing corruption and land
grab charges.

"Under the facts and circumstances of the case, we
feel it fit to stay the interim orders passed by the division
bench (headed by Shylendra Kumar)," a vacation bench
comprising Justices Deepak Verma and K S Radhakrishnan said.

The apex court said that the directions passed by the
bench headed by Justice Shylendra Kumar was in complete
defiance of the guidelines laid down by it.

It said that though the Chief Justice is not taking
judicial matters but for all other practical purposes, he is
the Chief Justice and this is his exclusive prerogative to
take administrative decisions including the composition of
benches, rosters and allocation of work to the puisne judges.

It said since the matter pertains to judicial
discipline, it was referring it to 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.

The apex court was hearing a petition filed by the
Karnataka High Court in which it had complained that Justice
Kumar has allegedly "berated" Justice Dinakaran by using
"intemperate" language.

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 ever since, according to legal

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 in his blogs.

In the petition filed by the high court, it has been
alleged that while hearing a tax/customs matter, a division
bench of Justices Kumar and N Ananda, questioned the
administrative decisions taken by Justice Dinakaran and sought
information from the Registrar General about the roster of the
judges and allocation of work to judges of the principal and
circuit benches.

The apex court, while staying the orders, said it will
not preclude the high court division bench from hearing the
matters on merit.

"In fact, we are of concerned opinion that it would be
inappropriate for any bench that any judicial matter be
discussed in extra judicial manner," Justices Verma and
Radhakrishnan said.