‘Arrest of Karnan is a blot on judiciary’

Thirumavalavan questions Supreme Court’s right to take action against judge

June 22, 2017 12:48 am | Updated 12:48 am IST - CHENNAI

Even as posters sprang up in support of Justice Karnan who was arrested on Tuesday, VCK chief Thol. Thirumavalavan termed the arrest in Coimbatore “unprecedented and a black mark” in judicial history.

Mr. Thirumavalavan said that the arrest without investigation and a chargesheet sets a bad precedent. “It is against the law. He had written a letter to the President of the India accusing his fellow judges of wrongdoing. But there was no investigation on that. It is not right for the Supreme Court to take suo motu action on him saying he has defamed the court. This has never happened in judicial history,” he said.

He said that high courts are not subordinate courts to the Supreme Court. “Is a high court a subordinate court to the Supreme court? It is not. The high court is also not a trial court. Supreme court judges do not have the right to take action against high court judges. Who gave them the authority?” he asked.

Mr. Thirumavalavan said that this was perhaps the reason why Justice Karnan also passed an order against Supreme Court judges.

He charged that the apex court has been attempting to portray itself as being more powerful than the legislature.

“Is the legislature more powerful or the SC? Dr. Ambedkar made it very clear when he included the 9th Schedule in the Constitution, which says that judiciary cannot question the laws placed under it by the legislature. Now, the SC has said that even that can be questioned.”

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