Did the Madras HC Just Refer Allegations of 'Judicial Bias' to the Chief Justice for Further Action?

Synopsis
Key Takeaways
- The Madras High Court has referred allegations of bias to the Chief Justice.
- Advocate Vanchinathan's claims highlight concerns over judicial impartiality.
- The court emphasizes the difference between critiquing a judgment and personal attacks.
- Eight retired judges expressed their concerns regarding the court's actions.
- The outcome of this referral could impact public trust in the judiciary.
Chennai, July 28 (NationPress) The Madras High Court stated on Monday that the ongoing controversy surrounding allegations of caste and communal bias against a sitting judge is unfortunate, and has subsequently referred the issue to the Chief Justice of the court for further action.
The situation arose as a division bench, comprising Justice G.R. Swaminathan and Justice K. Rajasekaran, deliberated on a case involving Advocate Vanchinathan, who was summoned to clarify whether he maintained his accusations against Justice Swaminathan, alleging bias in favor of lawyers from the Brahmin community while purportedly discriminating against others.
Upon reviewing the matter, the bench inquired if Vanchinathan stood by his claims. The advocate requested the court to provide the allegations in writing for a proper response. The bench clarified that no contempt proceedings had been initiated yet, and any decision would be contingent upon his written reply.
Justice Swaminathan remarked that Vanchinathan had been making personal and defamatory comments against him for the last three years, yet he had chosen not to respond until this point. “There is a difference between critiquing a judgment and personally attacking a judge with allegations of caste bias,” he noted, referencing media interviews where Vanchinathan suggested that the judge exhibited partiality based on caste.
The court emphasized that the current proceedings are not associated with the complaint lodged by Vanchinathan with the Chief Justice of India, but rather stem from his repeated public assertions to the media, accusing the judge of caste and communal prejudice.
Recently, eight retired judges of the Madras High Court issued an appeal, urging the bench to reconsider its actions against Vanchinathan, labeling the move as “premature” and suggesting that the court should have awaited the Chief Justice of India’s response to the complaint before taking any steps.
In light of these developments, the bench has submitted the matter to the Chief Justice of the Madras High Court for further evaluation and directions.