Bar council writes to CJI, seeks action against HC Chief Justice S K Mukherjee

The Karnataka State Bar Council has urged the Chief Justice of India Jagdish Singh Khehar to take action against the Chief Justice of Karnataka High Court Justice Subhro Kamal Mukherjee, saying the latter’s style of functioning is “hampering” the court’s administration and “greatly affecting” the dispensation of justice.

In a letter dated August 4, 2017, the council referred to a resolution passed by the Advocates’ Association Bangalore that questioned the functioning of Justice Mukherjee and sought his immediate transfer. The council has raised the following grievances against Justice Mukherjee:

n  Casual and unnecessary remarks by Justice Mukherjee in open court, which are not in keeping in with the dignity and decorum of court proceedings. The remarks sometimes exceed the limits of decency, embarrassing other judges in the division bench.

n  Justice Mukherjee does not devote attention to the court administration because of indifference or lack of interest.

n  In the past 3-4 months, Justice Mukherjee has repeatedly referred to the names of parties and lawyers, and remarked on people’s castes. He also remarked that in Karnataka, people are fixated with caste and community. According to the council, a perception, particularly among members of the Bar, has been created that some advocates, especially senior counsels from a particular community, get favourable treatment in his court.

n  The day’s work in Justice Mukherjee’s court gets over by 1.30 pm and there is no hearing in the afternoon, except in a week or fortnight, leading to a strong impression that only select cases are taken up for hearing in the afternoon.

n  The court administration is not befitting the temple of justice and is slowly eroding the confidence of the members of the Bar as well as the litigant public in the court proceedings. This has tarnished the high court’s image.

n  The number of judges has come down to 27 in all the three benches of the high court. It has become difficult to get even fresh matters posted for preliminary hearing in weeks. There should be prompt and immediate action against Justice Mukherjee.