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High Court files petition against its own judge

Staff Reporter

It is against Justice D.V. Shylendra Kumar


‘He was berating the Chief Justice with intemperate language'

A Vacation Bench has posted the petition

for Tuesday


BANGALORE:In, perhaps, the first appeal of its kind against a judge of its own judicature, the Karnataka High Court on Monday approached the Supreme Court against what it termed as biased and illogical orders of Justice D.V. Shylendra Kumar. The High Court was forced to approach the Supreme Court as Mr. Shylendra Kumar sitting on a Division Bench with Justice N. Ananda took on the Chief Justice P.D. Dinakaran.

The Bench had asked the Registry to post before it a tax referred case (TRC) on a particular date. When the case was not listed on that date, the Bench sought an explanation from the Registrar-General and also the Registry.

The Registrar-General, who had been summoned by the Bench, told the court that the case was not posted on that date following the orders of the Chief Justice.

The Bench then took umbrage at the decision of the Chief Justice and sought to know whether the administrative powers of the Chief Justice would override judicial orders of the court.

When the case was still not posted, the Bench summoned the Registrars and took them to task. Mr. Shylendra Kumar wanted to know how an administrative order could override a judicial order.

On Monday, the Bench summoned the Registrars and warned them of contempt if their orders were not complied with and the case not posted before them. With no other option left, the High Court decided to seek the intervention of the Supreme Court.

In its petition before the Supreme Court, the High Court has said that Mr. Shylendra Kumar was “berating” the Chief Justice by using intemperate language.

It urged the Supreme Court to set aside orders passed by Mr. Shylendra Kumar and Mr. Ananda.

The petition came up for hearing before a Vacation Bench comprising Justice Deepak Verma and Justice K.S. Radhakrishnan. The Bench posted the matter for Tuesday.

Corrections and Clarifications

(The fourth paragraph of a report “Karnataka High Court files plea against its own judge” (June 15, 2010) was “In its SLP, the High Court alleged that while hearing a tax/customs matter ... and had sought information from the Registrar-General about the roaster of judges and allocation of work for judges of the principal and circuit Benches.” It's “roster”.)

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