Madras HC refuses to entertain PIL seeking action against former judges for alleged interference in judicial process

CHENNAI: Madras high court on Wednesday refused to entertain a PIL seeking action against seven former judges of the HC, led by Justice B Chandru, for allegedly interfering with the judicial process by addressing a letter to Justice G R Swaminathan, urging him to refrain from initiating contempt action against advocate S Vanchinathan.Madurai-based lawyer Vanchinathan lodged a complaint with the Chief Justice of India (CJI), making allegations of 'caste-based bias' against Justice Swaminathan.Refusing to concur with the submissions of advocate G S Mani, representing the petitioner 'journalist' Varaaki, that the letter issued by the seven retired judges amounts to interference with the administration of justice, the first bench of Chief Justice Manindra Mohan Shrivastava and Justice Sunder Mohan asked, "Do you feel that such judges are influenced by such issues?"

"This plea is nothing but publicity-seeking litigation.

The issue will be dealt with on the administrative side of the court. We do not want people like you to poke your nose into such matters," the bench said.The issue pertains to a complaint lodged by Madurai-based advocate S Vanchinathan, alleging 'caste-based bias' against Justice Swaminathan to the CJI.On the presumption that the bench headed by Justice Swaminathan was likely to initiate contempt of court action against Vanchinathan, seven former judges of the court, led by Justice B Chandru, addressed a communication to Justice Swaminathan to refrain from initiating any such action, as it is for the CJI to take a call on the complaint.

Alleging that the appeal made by the seven retired judges to Justice Swaminathan amounts to interference in judicial proceedings, Varaaki moved the present plea in the form of a PIL seeking action against the former judges.He wanted the court to forbid the retired judges from issuing public letters, appeals, or statements intended to influence pending judicial proceedings, particularly in matters involving allegations against sitting judges of the HC.Advocate Mani contended that the communication made by the retired judges damaged the dignity and integrity of the judiciary, particularly Justice Swaminathan.The former judges might have stopped after issuing the communication to Justice Swaminathan, but the same was widely circulated on social media. Even the contents of the complaint against the judge were shared by Vanchinathan on social media, he alleged.If such practices are entertained, how will the sitting judges of the court pass orders in sensitive matters, the petitioner said.