M K SASIDHARAN ADVOCATE SUPREME COURT AND PRESIDENT Vs. HONBLE CHIEF JUSTICE OF INDIA SUPREME COURT OF INDIA

JUDGEMENT

(1.) Petitioner is an Advocate of the Supreme Court of India and claims to be the President of the International Society for Preservation of Human Rights and Rule of Law based in Delhi.

(2.) The 5th respondent was appointed as an Additional Judge of the High Court of Kerala under Art.217 of the Constitution of India. He had sworn in as a Judge of this Court on 11th April 1996. By virtue of powers vested in the President of India under Art.222 of the Constitution, 5th respondent was transferred to the High Court of Gujarat. He was given time till 9th May, 1996 to assume charge as Judge of the Gujarat High Court. Later, President of India in consultation with the Chief Justice of India granted time to the 5th respondent to assume office till 30.6.1996. On 4.7.1996, the 5th respondent was given further time to assume office till 22.7.1996.

(3.) Petitioner alleges that by virtue of the transfer order issued by the President of India under Art.222 of the Constitution, the 5th respondent ceased to be a Judge of the High Court of Kerala and therefore, there shall be a writ of quo warranto calling upon him to show cause under what authority he has been discharging the function as an Additional Judge of the High Court of Kerala.