Plea filed in SC for removal of HC judge for making letter on Suriya public

A plea has been filed in the Supreme Court for removal a Madras High Court judge, Justice S M Subramaniam for having "damaged institution of judiciary destroyed judicial independence" by making public his letter to the Chief Justice, wherein he sought contempt action against actor Suriya for his statement on NEET.

Advocate C R Jaya Sukin, who filed the petition in his own name, contended that letter was published in all electronic media, social networks for "cheap publicity in an arbitrary manner without proper perusal of the records and without proper application of mind on judicial administration".

According to the petitioner, Justice Subramaniam, in his letter to Chief Justice A P Sahi on September 13, said that he saw the actor’s statement on NEET and entrance exams on TV and YouTube.

“The statement reveals that the Hon'ble Judges are afraid of their own life and rendering justice through video conferencing. While doing so, they have no morale to pass orders directing the students to appear for NEET Exam without fear,” the petitioner quoted the judge.

Defending the actor's statement, the petitioner submitted that bona fide expression of concern regarding the functioning of the court is the fundamental right of every citizen.

"The intention of the actor was also to express concerns articulated by many regarding the reluctance of the judiciary to play its constitutionally mandated role as a check on governmental excesses and violations of fundamental rights by the state," he added.

The lawyer said in our judicial system, judges can only announce the law when deciding real disputes, they can’t just have a press conference and declare a set of legal rules. "The courts have no power to decide issues unless those are presented by actual cases and controversies before the court," he said.

The petitioner sought a direction of the court to the Union government to initiate process of removal of the judge as he published his letter "in all electronic media, social networks for cheap publicity, which is illegal, arbitrary, whimsical and unfair, abuse of Indian judiciary and against the principles of natural justice".

After the letter by Justice Subramaniam, six former judges of the Madras High Court also wrote to the Chief Justice asking him to refrain from initiating criminal contempt against actor Suriya over his remarks on the conduct of the NEET amid Covid-19 pandemic.