Give up contempt action against lawyer, say rtd judges
Madras high court
made an appeal to a division bench of Justice G R Swaminathan and Justice K Rajasekar to give up the proposed contempt action against a Madurai-based lawyer, S Vanchinathan, for sending a representation to the
Chief Justice of India
making certain remarks against Justice Swaminathan.
The statement was issued by seven retired judges of Madras high court - Justice K Chandru, Justice D Hariparanthaman, Justice C T Selvam, Justice Akbar Ali, Justice P Kalaiyarasan, Justice S Vimala, and Justice S S Sundar. "We are issuing this appeal only in the interest of the judicial institution and we have no other interest in the matter," said the judges.
The judges said the Supreme Court had held that no direct action can be launched by lawyers against the conduct, impropriety or misbehaviour of a judge.
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The apex court has directed that if anyone wants to send a petition against a judge's conduct, it should be sent to the CJI directly.
If and when the CJI is of the opinion that it requires an investigation into the truthfulness or otherwise, he can constitute an 'in-house inquiry' into those allegations made against the judge. It is only when the in-house committee is of the opinion that there is a prima facie truth in the allegations made, he can take or order appropriate action in the matter.
'This is the established procedure as of now,'' the judges said.
In the absence of any such action taken by the CJI on the petition sent by the advocate, it will be premature for the bench to initiate action against him.
Hence, the judges appealed the bench to give up any action at this stage and also to await any decision to be taken by the CJI in the petition sent by advocate Vanchinathan, the judges said..
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