V.S. Achuthanandan to implead in Munnar case

Leader of the Opposition V.S. Achuthanandan will implead in the Munnar encroachment case and file a review petition against a Division Bench order in the case.

Mr. Achuthanandan said in a statement here on Saturday that the Division Bench order on the case on Friday was against the Constitution.

Article 217 (1) (C) of the Constitution says that judges, after getting transfer orders, should not discharge official duties. This has been stated in by the High Court in the Advocate A.K. Sasidharan vs Chief Justice case on July 15,1966.

The President is understood to have signed Chief Justice Manjula Chelur’s transfer order on July 21. Hence the order issued on Friday is a violation of the High Court order, he said.

Since the National Green Tribunal came into being, the Chief Justice could have transferred the case to the tribunal. Instead she heard it and passed an order.

After hearing the arguments, the order was passed after nine months.

This was in violation of a Supreme Court order on the Anil Roy vs State of Bihar case in 2011. After hearing a case, if the order was not passed within two months, there is scope to plead for shifting the bench.

If the order is delayed by six months, there is scope to seek hearing the arguments afresh. But such orders have been violated and hence he will file a review petition, the statement said.