The Karnataka High Court on Monday moved the Supreme Court against its own sitting judge Justice D V Shylendra Kumar, who had questioned Chief Justice P D Dinakaran?s decision to transfer a tax matter to another Bench.
The tax matter filed by the commissioner of customs against Leelas Scottish Lace Ltd was being heard by the division bench comprising justices Kumar and N Ananda and the same was transferred to another bench on Justice Dinakaran?s orders.
Justice Dinakaran, who is currently only performing administrative functions, has been accused of acquiring acres of land illegally in Tamil Nadu. Last year, the Supreme Court collegium had recommended Justice Dinakaran for elevation to the Supreme Court, but his name was dropped after the allegations of corruption surfaced.
In December 2009, an impeachment motion was moved against Dinakaran in the Rajya Sabha. A committee is now investigating the charges against him.
A vacation bench headed by Justice Deepak Verma asked the high court to cure the technical defects in the petition and posted the matter for hearing on Tuesday.
The high court in its petition before the apex court alleged that the bench headed by Justice Kumar was using ?intemperate? language against the chief justice for publicity and even ?orally threatened to initiate contempt proceedings? against the registry if it would not comply with its orders.
Even Justice Kumar has been questioning administrative decisions of Justice Dinakaran relating to the roaster of the benches and work allocation for judges in the Principal and Circuit Benches.
Alleging that Justice Kumar had brought disrepute to the high court by challenging its authority, the petition has also challenged various orders of a division bench ?which impinge upon the judicial proprietary and has created anomalous situation within the high court.?
After doubts were against Justice Dinakaran that he was interfering with the proceedings of tax matters, Justice Kumar had warned the registrars of the high court that contempt of court suit would be filed against them if they fail to file a detailed report on this case by June 14.
?This has gone on for four continuous days and presently the matter is directed to be listed today (June 14) with a further direction to produce more documents and records in order to again sit in appeal over the orders of chief justice relating to the assignment of roasters, constitution of benches, which is within the sole domain of Chief Justice, with a view to further denigrate him questioning his authority,? the petition said.
Hearing the tax matter, Justice Kumar had expressed his displeasure over the style of functioning of the Chief Justice and his continuing to discharge administrative duties.
Justice Kumar had directed the registrars of the high court to place the details of judicial sittings of judges of high court at principal bench while they were performing duties at circuit benches of Dharwad and Gulbarga.