New Delhi: A seven-judge Constitution bench of the Supreme Court on Wednesday slapped a contempt notice on Calcutta High Court judge Justice C.S. Karnan for his scurrilous remarks against judges of the Madras High Court and the apex court and restrained him from discharging his judicial and administrative work immediately.
This is for the first time that a sitting High Court judge is facing contempt of court proceedings. The bench comprising Chief Justice J.S. Khehar and Justices Dipak Misra, J. Chelameswar, Ranjan Gogoi, Madan B. Lokur, Pinaki Chandra Ghose and Kurian Joseph slapped the notice and directed the personal presence of Justice Karnan before it on February 13.
In 2016, Justice Karnan who was initially posted in the Madras High Court was transferred to the Calcutta HC after he cast aspersions on many judges and ordered a CBI probe against Madras HC Chief Justice Sanjay Kishan Kaul.
The Bench after briefly hearing Attorney General Mukul Rohatgi, in a jam-packed court hall, passed the order after the AG called for stringent action against the judge for writing "very, very scurrilous" letters to Prime Minister Narendra Modi and other Constitutional dignitaries accusing them of corruption and caste bias as he hails from SC community.
The court in its order said: “Shri Justice C.C. Karnan, shall forthwith refrain from handling any judicial or administrative work as may have been assigned to him. He is also directed to return all judicial and administrative files in his possession to the Registrar-General, Calcutta High Court. Shri Justice C S Karnan shall remain present in person on February 13 to show cause (why contempt action should not be initiated against him).”
AG says Supreme Court must act even against judges
The order was communicated to Justice Karnan “during the course of the day” and the High Court Chief Justice to relieve him of all work.
The unprecedented order was passed by the Constitution Bench which took suo motu cognizance of the various letters purportedly written by Justice Karnan to Prime Minister, CJI, law minister, judges of various high courts and the Supreme Court registry.
In his submissions, Mr. Mukul Rohatgi said, “In my view these communications are completely scurrilous, completely calculated to destabilise administration of justice. The communication which I have gone through whether it is against a retired judge, high court judges, sitting judge from Supreme Court; nature of allegations are very, very disparaging. Very, very scurrilous and therefore, a time has now come that this court must take action under Article 129 of the Constitution (power to punish any person for contempt).”
Mr Rohatgi said the court should also exercise its other extraordinary power under Article 142 of the Constitution to do substantial justice and secure the “attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.”
He argued that the apex court was not only empowered to punish for contempt of itself, but also for contempt of any other court in the country.
According to the AG, this was a case for summary trial as there was no need to examine any facts as the letters purportedly addressed by Justice Karnan was sufficient enough to hold the judge guilty for contempt.
“The idea is the letters should be made public to bring complete disrespect to the system. This court must also set an example: so that the citizen is made aware that this court will not hesitate to act even against judges. Your lordship shall issue a notice of contempt,” the AG said.
The CJI cautioned the AG by saying whether the letters purportedly written by Justice Karnan were actually not his letters. “If he denies it, then it will change the whole situation,” the Chief Justice said.
