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SC snubs attempt to revive
issue of CJI's age

A three-judge Bench of Justice K T Thomas, Justice R P Sethi and Justice B N Agrawal dismissed the petition without issuing notice to respondents saying the age of Justice Anand was determined to be November 1, 1936 by the President of India as far back as 1991 and it has attained finality.

President of the Association R Karuppan, who had argued the petition in person, had alleged that the Court should determine the age of Justice Anand as November 1, 1934 and declare that he has attained the age of superannuation.

Justice Thomas, writing the judgement for the Bench, said despite asking repeatedly to show any document to prove that Justice Anand's date of birth was November 1, 1934, Karuppan could not 'even produce a scrap of paper' to substantiate his allegations.

The Bench termed the petition as 'an abuse of the process of the court' and 'a reckless action to malign the highest judiciary'.

After dismissing the petition, the Bench asked Karuppan to show cause by February 28 as to why criminal proceedings be not initiated against him under Section 193 of the Indian Penal Code for making false averments in his affidavit.

The Bench referred to a petition received by the Registry of the Court signed by 76 lawyers of the Madras High Court Advocates Association disassociating themselves from the action taken by Karuppan and alleging that he had no authority to approach the apex court on this issue.

Justice Thomas said, "We do not propose to take heed to such a petition as it is not filed in a proper manner," and added that as Karuppan has approached the court under Article 32 of the Constitution, the court was bound to hear it.

The court on Monday had repeatedly asked as to which fundamental right of the petitioner was violated to warrant filing of such a petition under Article 32.

Justice Thomas said, "Karuppan failed to point out even a single fundamental right which was violated or the ones which he wants to be enforced."

He said Karuppan made 'ex-facie false statements' in his petition though he had argued the case against a Madras-based advocate S K Sundaram, in which the court had made it clear that the determination of the age of Justice Anand by the President of India has attained finality.

The court said the matriculation certificate, annexed by the petitioner himself, unambiguously showed that the date of birth of the Chief Justice was November 1, 1936.

"We are anguished by the temerity with which he has approached the highest court with this petition," the Bench said.

When Karuppan said time to show cause by February 28 was too short and prayed for more time, the Bench asked him to put in an application seeking time.

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