Dravidar Kazhagam on Wednesday appealed to Chief Justice of India K G Balakrishnan to take off Justice B N Agarwal from cases relating to Ramar Sethu and the October 1 Tamil Nadu bundh in view of his “unwarranted” observations in court that he would recommend dismissal of the State Government.

Justice Agarwal had made these oral observations when it was brought to his notice by the AIADMK on a contempt petition that the State Government had disregarded the stay on the bundh granted by the bench.

In a letter to the Chief Justice, copies of which were released here, Mr Veeramani said Justice  Agarwal’s “waffling observations”  were against the verdict of the apex court in the S R Bommai case and express provisions of the Constitution under Art 356 under which dismissal of a State government was in the realm of the President and Parliament.

He said “the Supreme Court cannot advice the President to do any act because the aggrieved State will have to appear before it for redressal of its grievances”.

He said the observations of Justice Agarwal “amount to an attempt to interfere with the powers and functions of the Central Government and the President”.

By his conduct, the judge had “exhibited his anxiety and over enthusiasm and thereby made himself vulnerable”. Therefore, in the interest of justice, the judge should not hear cases relating to Ramar Sethu and the bundh”, Mr Veeramani said.

He also pointed out that the call for the bundh was given by the ruling DMK-led Democratic Progressive Alliance and the State Government had no role in it.

Talking to reporters, Mr Veeramani said Parliament should initiate impeachment proceedings against Justice Agarwal.