The making and unmaking of Justice Karnan

Chennai: After giving a long rope to the controversial judge, the Supreme Court has finally awarded six months imprisonment to Justice C.S. Karnan for committing contempt of the judiciary.

Following his continuous allegations against the Madras high court Chief Justice and other judges, the Supreme Court had on February 8 initiated contempt proceedings against him.

Thereafter, it gave several adjournments for his personal appearance or through his lawyer to defend his case.

It emerged as a huge controversy in January 2017, when Justice Karnan named 20 sitting and retired Supreme Court and high court judges of being corrupt. He released the list in an open letter addressed to the prime minister.

The Supreme Court was so magnanimous to grant more time to Justice Karnan. Perhaps, the apex court wanted to avoid blot on the higher judiciary. Early this month, the apex court also sent a medical team to assess him.

But, he refused to oblige to the medical test. Finally, the apex court slapped six months imprisonment on him. It is Justice Karnan, who invited trouble for himself. Born in a small village in Cuddalore district on June 12, 1955, Karnan completed his law degree in 1983 from Madras Law College and was appointed as a judge of Madras high court in 2009.

In 2011, when he was a judge of the Madras high court, he called a press conference in Chennai to accuse one of his fellow judge of caste discrimination.
He alleged that the fellow judge deliberately touched him with his foot as he was a Dalit.

He barged into a court hall, where a division bench was hearing a case of judicial appointment, and demanded that he be allowed to be heard in the case.

In 2015, he initiated contempt proceedings against the then Chief Justice Sanjay Kishan Kaul. He accused him of harassing him for being a Dalit by not assigning any better portfolios. However, the Supreme Court stayed the contempt proceedings.

He also made several allegations including educational qualification, suppression of facts and sexual harassment against his fellow judges. Finally, in February 2016, he was transferred to the Calcutta High Court. However, suo motu, he stayed the transfer order. A division bench of the Supreme Court vacated the stay.

Meanwhile, he sent a letter tendering apology to the Chief Justice of India T.S.Thakur saying his suo motu stay order on his transfer was passed by him out of frustration resulting in loss of mental balance. “On February 15, 2016, I had sent an erroneous order due to my mental frustration resulting in loss of mental balance, since I was disturbed through various incidents. My disturbances can be summarized in two instances. For example, in one instance, a brother judge had intentionally kicked me and then apologized.

This took place at a marriage reception at Anna Arivalayam Marriage Hall, Teynampet. Now, the same brother judge played another prank by untying the arm chair reservation slip of my chair, placing it on the ground and trampling it with his feet. The same was noticed by a brother and a sister judge who silently ridiculed me. I sent an official complaint to the SC/ST commission chairman and other higher dignitaries”.

Justice Karnan always played the Dalit card whenever he landed in trouble after his tirade against the judges.

S.Prabakaran, co-chairman, Bar Council of India.

Under Article 129 of the Constitution, SC shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. The contempt of Court jurisdiction is a special jurisdiction and must be used to uphold the dignity of courts and majesty of law and to keep the administration of justice unpolluted. Justice Karnan had exceeded his limit and without knowing the judicial consequences, he played with the SC. Therefore, the action of the SC is justifiable and it should be a welcome one. Otherwise, the judiciary will become a mockery of this country. No authority, executive or any individual including politicians should undermine the judicial power and whatever the order passed by the Supreme Court is the law of the land. If anyone including the lower judiciary violates any principles or constitution, the Supreme Court can deal with it in a proper manner. The majesty of judicial institution is to be ensured so that it may not be lowered and the functional utility of the constitutional edifice is preserved from being rendered ineffective.

'SC order not right, impeachment only answer'

When the Supreme Court does not welcome a non-reasoned crisp order coming from other courts, how can they (Supreme Court) justify this order against Justice Karnan? I don't approve of the acts of Justice Karnan, but then the Supreme Court has not followed the due procedure of law in awarding him jail term. Supreme Court does not have any supervisory jurisdiction over the high courts; so, in as much as Justice Karnan had committed the mistakes of ordering punishment against the Supreme Court judges, the Supreme Court has also committed the same kind of mistake by punishing Justice Karnan in summary manner. Impeachment is the only answer.

Also, the gag order against publishing Justice Karnan's pronouncements is a blow against the freedom of speech and expression. On the whole, the Supreme Court has ordered in haste and may repent in leisure    Sudha Ramalingam