MATHEW Z. PULIKUNNEL Vs. CHIEF JUSTICE OF INDIA

JUDGEMENT

(1.) Unnumbered Writ Petition corresponds to file No.9031706 of 2021 is one instituted seeking, among others, a direction to the Chief Justice of this Court to comply with the In-House Procedure adopted by a Full Court Meeting of the Honourable Supreme Court in relation to a complaint against a Judge. Unnumbered Writ Petition corresponds to file No.9031715 of 2021 is one instituted seeking, among others, a direction to the Chief Justice of India and the Chief Justice of this Court to comply with the In-House Procedure in relation to a complaint against two Judges.

(2.) When the Writ Petition corresponds to file No.9031706 of 2021 was instituted, the Registry entertained a doubt as to whether a Writ Petition could be instituted seeking relief aforesaid against the Chief Justice of this Court, and the counsel for the petitioner was required to clarify the position. In response to the said query of the Registry, the learned counsel for the petitioner clarified that a Writ Petition could certainly be instituted against the Chief Justice of this Court. The Registry, thereupon, sought a further clarification from the counsel for the petitioner as to whether the stand taken by him is correct, in the light of the decision of the High Court of Calcutta in (1961 KLT SN 5 (C.No.11) Cal. = AIR 1961 Cal. 545) and the decision of the Apex Court in Civil Appeal No.485 of 1963. The counsel for the petitioner took exception to the said query pointing out that the Registry is not authorised to seek such clarification, for it is a pure question of law to be decided on the judicial side. Identical clarifications were sought by the Registry from the counsel for the petitioner in the Writ Petition corresponds to file No.9031715 of 2021 also, and identical stand was taken by the counsel for the petitioner in the said case as well.

(3.) Since the Registry was not impressed by the stand taken by the counsel for the petitioner, as required by the counsel for the petitioner, the matters were placed before the Court for appropriate orders.