Orders reserved on quo warranto against Jain

By Our Staff Reporter

CHENNAI, AUG. 27. Orders on the quo warranto petitions challenging the propriety of the Chief Justice of the Madras High Court, Mr. N.K. Jain, continuing to hear and dispose of cases despite his transfer to the Karnataka High Court on August 22, was reserved today. (The order is likely to be delivered by Mr. Justice P. Shanmugam at 2.15 p.m. on Tuesday.)

When the matter came up before him this morning, the Additional Solicitor-General of India, Mr. V.T. Gopalan, submitted that as and when the order of transfer was delivered the Chief Justice could dispose of only the part-heard matters and deliver judgments.

On behalf of the Union Government, Mr. Gopalan said normally the Chief Justice would not sit and dispose of fresh matters. And, no formal order or fresh warrant of transfer was necessary for him to vacate office.

On the question of appointment of an officiating Chief Justice, he said the substitute would be posted as soon as the incumbent judge vacated his office.

In his submission, the Advocate-General of Tamil Nadu, Mr. N.R. Chandran, took a diametrically opposite position and told the court that until a substitute was posted, the incumbent Chief Justice could not vacate office.

According to the petitions filed by Mr. K. Venkatasubbaraju and Mr. M. Senthil Kumar on August 23, the Chief Justice had no jurisdiction to perform judicial as well as administrative functions while he was under orders of transfer.

On August 24, counsel for a petitioner, Mr. S. Duraisamy, said according to Article 223 of the Constitution an officiating Chief Justice could be appointed only when an incumbent Chief Justice vacated the office.

Nevertheless, Mr. Justice Jain sat in the First Court today and disposed of a handful of cases.

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