JSA has no right to seek ouster of a HC Judge: Sumanthiran

Tamil National Alliance (TNA) MP M.A. Sumanthiran yesterday confirmed that his party was in no way involved in the appointment of High Court Judge Ramanadan Kannan.

He said the resolution adopted by Judicial Services Association (JSA) seeking his removal was tantamount to unlawful interference in the working of the Judicial Services Commission (JSC) and a case of contempt of court. He told Daily Mirror that a High Court judge was appointed on the recommendation of the JSC in consultation with the Attorney General.

“In terms of the Constitution, there are two aspects considered and the President has done so when making the appointment. The appointment is legal and the judge has taken his oaths.

The Constitution says a High Court Judge can be removed if recommended by the JDC and it can only happen in cases of misconduct and that too after a proper inquiry. In this case, there has been no such allegation and as such there is no call or cause for his removal,” Mr. Sumanthiran said.

Therefore, the JDC passing such a resolution tantamounts to interference in the working of the Judiciary.

“It is an unlawful and an unnecessary interference. The JSA is a trade union. It has no right whatsoever to meddle in the affairs of the JSC in the appointment of a High Court Judge.

Neither is such a right conferred on the Bar. It amounts to contempt of court and casts aspersion on the work of the High Court for no reason at all,” he said.