Kolkata: Justice C S Karnan, who was involved in a spat with brother judge Justice Ashim Kumar Roy in a division bench over changing of a bail prayer order, was on Thursday given charge of a single bench.
Justice Karnan will preside over a single bench on and from June 9, 2016 and hear education and old matters, according to a new determination given by Chief Justice Manjula Chellur, court officials said.
Justice Karnan, who had earlier been in news for staying his transfer order from the Madras High Court to the Calcutta High Court by the Supreme Court, had differed with brother judge Justice Ashim Kumar Roy over bail to ten accused persons in the Vivekananda Road flyover collapse case after earlier holding concurrence on refusing bail to them.
The bench, comprising Justice Roy and Justice Karnan, had refused bail to the ten accused on May 20. Justice Karnan, however, had a change of mind later and signed in favour of granting bail to the accused. Justice Roy objected to Justice Karnan’s decision as they sat in the court together as part of the division bench on Tuesday. While Justice Roy said such orders were always passed in open court room, Justice Karnan said after going through the papers relating to the case afresh in his chamber, he felt bail should be granted to the ten accused and as such decided in favour of granting of bail.
Following arguments in the open court over the legality of the order of Justice Karnan, the judges left the court room and retired to their respective chambers. As per the new determination effective from today, senior judge Justice Roy would now be sitting in a division bench with another judge to hear bail matters. Justice Karnan, who is presiding over a single bench, will now hear education and old matters.
Justice Karnan, who had taken leave yesterday, sat in the single bench today and took up matters for hearing. The Calcutta High Court Bar Association, which had decided not to attend the court of Justice Karnan in an extraordinary general body meeting held on Tuesday, today said that its decision stands. “A few lawyers are attending the court, but most of our members are refraining from participating in judicial proceedings before the court of Justice Karnan in adherence to the resolution taken by the association,” Bar Association General Secretary Suranjan Dasgupta said.