HC quashes PIL against ex-judges with 10,000 fine
Madras high court
has dismissed a PIL seeking action against seven former judges of the high court for 'interfering' with the judicial process by addressing a letter to Justice G R Swaminathan.
The letter asked him to refrain from initiating contempt action against an advocate.
The court also imposed 10,000 as fine on petitioner Varaaki.
"This plea is nothing but a publicity-seeking litigation. The issue will be dealt within the administrative side of the court. We do not want people like you to poke your nose into such matters," the first bench of Chief Justice Manindra Mohan Shrivastava and Justice Sunder Mohan said on Wednesday.
"Irrespective of the merits of the pending cases before the court, we are not convinced with the submission made by the petitioner that such letters or communication, if any, sent by any person, including the former judge as named in the petition and impleaded as respondent, are intended to influence judicial proceedings," the court said.
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The judges added that the attempt to malign certain individuals is evident from the petitioner's conduct.
In the result, the writ petition is liable to be dismissed and is, accordingly, dismissed with cost of 10,000 payable to the Tamil Nadu State Legal Services Authority within two weeks, the bench said.
The issue pertains to a complaint lodged by Madurai-based advocate S Vanchinathan, alleging 'caste-based bias' against Justice Swaminathan to the CJI.
On the presumption that the bench headed by Justice Swaminathan was likely to initiate contempt of court action against Vanchinathan, seven former judges of the court led by Justice K Chandru addressed a communication to Justice Swaminathan, asking him to refrain from initiating any such action, as it is for the chief justice of India to take a call on the complaint.
Alleging that the appeal made by the seven retired judges to Justice Swaminathan amounts to interference in judicial proceedings, a petitioner, Varaaki, filed the present plea seeking to forbid the retired judges from issuing such letters.
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