Headlines
PMK, DMK leaders oppose transfer of Karnataka chief justice
Chennai, April 14
The PMK and DMK on Tuesday
questioned the transfer of Karnataka High Court Chief Justice Dhirendra
Hiralal Waghela to Odisha, ahead of the apex court's order in a case
relating to former Tamil Nadu chief minister J. Jayalalithaa's appeal
against her conviction in a corruption case.
In a statement
issued here, PMK founder S. Ramadoss said it is wrong to have
transferred Waghela just a few hours before the National Judicial
Appointments Commission Act was notified.
The transfer has come
about at a time when the Supreme Court is to deliver its order on the
appointment of Bhavani Singh as special public prosecutor in the case
against Jayalalithaa, he said.
"The court is expected to deliver
its order on Wednesday and if it strikes down the appointment, then the
entire case has to be heard once again... the present judge C.R.
Kumaraswamy is scheduled to retire in August and a new judge has to be
appointed," Ramadoss said.
He said only the chief justice of Karnataka High Court has the power to appoint the new judge.
Waghela,
a no-nonsense judge, had refused to yield to pressure in the case
earlier and his transfer at this juncture has raised many doubts,
Ramadoss said.
The action of granting bail to Jayalalithaa and
ordering completion of her appeal in the high court within three months
by Chief Justice of India H.L. Dattu has been vehemently criticised in
legal circles.
Though Waghela can continue in Karnataka High
Court for two more months, it will not have any impact as the court will
go on vacation.
"It is the responsibility of the Supreme Court
and the Centre to clear certain doubts in the abrupt shifting of Waghela
and it should also cancel the transfer and allow him to continue till
he is promoted to the Supreme Court," Ramadoss said.
"Waghela is a
non-controversial and clean judge and hails from Gujarat. He has
delivered several landmark judgments. Ever since Jayalalithaa filed an
appeal in the Karnataka High Court, steps were being taken to shift
Waghela," he claimed.
He said Waghela stoutly opposed the move to shift him as Sikkim High Court chief justice and the move was dropped.
"Waghela
is tipped to become a judge of the Supreme Court in a few months and
shifting a senior judge at the last minute is not proper. Waghela is now
the head of a 62-judge high court and it is proper only to shift him to
a bigger high court... has this procedure been followed," he asked.
Waghela has been shifted to Odisha High Court which has only 27 judges, he said. Waghela has opposed this transfer too, he said.
DMK
president M. Karunandhi also questioned the urgency in transferring
Waghela as the vacancy in Odisha High Court has been existing since
February 2015.
Karunanidhi also noted that the transfer has come
at a time when the Supreme Court is set to rule on the validity of
appointment of Bhavani Singh as special public prosecutor in the case
against Jayalalithaa and if it strikes down the appointment, then a new
person has to be appointed by the Karnataka High Court.
Further,
Justice Kumaraswamy, hearing the appeal filed by Jayalalithaa, is set to
retire in August and a new judge to hear the case has to be appointed
by the chief justice of Karnataka High Court, he said, adding that it
was at this juncture that Waghela has been transferred.