It said the “gravity of the situation” has to be taken into consideration,” and the matter has to be withdrawn from the High Court and has to be heard here (apex court) by a three-judge Bench.
The Bench accepted the submission of Attorney General G E Vahanvati that such a serious matter cannot be heard in the atmosphere of commotion and alleged indulgence of a sitting judge who had walked into the courtroom during the hearing. The apex court said if the sitting judge walked into the courtroom, he should have been made party to the petition filed by the Madras High Court before it. “If he (the judge) has made a comment he should be made a party. You understand the implication. Unless he is made party he can’t say anything on his conduct,” the Bench said. Justice C S Karnan had taken everyone by surprise as he entered the courtroom and had said, “The selection is unfair. I am also a part of the judiciary. I want to file an affidavit in my own name. Please take note of it.” (PTI)