Justice Karnan must respect the Supreme Court
The conduct of Justice CS Karnan of the Calcutta High Court in defying the Supreme Court's summons has been far from appropriate. One would have expected better of a serving judge. But Justice Karnan has preferred to maintain a collision course with the country's top court. The summons was of a serious nature, pertaining to the initiation of contempt of court proceedings against him. Given that he is a judge, the apex court has given him another opportunity to appear on March 10. It would be proper for the judge to heed the extension and respect it. If he decides to treat the new deadline with the contempt that he has so far exhibited, he could be in serious trouble. The apex court can even issue a warrant of arrest against him. Justice Karnan faces a number of allegations of improper behaviour, including that of accusing a fellow judge of sexual misconduct (without providing any real material to substantiate his charge), and of barging into the High Court Chief Justice's court and charging him with blocking his career prospects on grounds of caste discrimination. Indeed, Justice Karnan has made the supposed caste bias his potent weapon, hoping to win support from fellow caste members not just in the judiciary but also outside. He perhaps believes that by raising the sensitive issue, he will make it difficult for action to be taken against him. Besides the fact that he has no evidence worth the name to back his claim, the very act of accusing fellow judges of caste discrimination, is serious. He has extended this argument to the apex court too, claiming caste bias among the seven-member Bench that is hearing the case. This cannot be allowed to go unchallenged. The Supreme Court does not work under the duress of parochial issues such as caste, community and religion; it serves to interpret and uphold the law, which is equal for all. Justice Karnan, despite his failings, has been given an opportunity to be heard in the apex court. This in itself underlines the impartiality of the courts that Justice Karnan is so contemptuous about.
Justice Karnan is obviously trying to buy time in the hope that the crisis will blow over. He has floated the idea that his matter should be place before Parliament to decide. He knows well that no judge has so far been impeached through the parliamentary process. Also, a body of lawyers tried to intervene in the matter on Justice Karnan's behalf, stating that the High Court judge was “stressed, disturbed and financially constrained”. This was again probably with a view to delay the proceedings, but the court rebuffed the attempt. The Bench rightly pointed out that a matter of contempt is “strictly between the court and the alleged contemnor” and that interfering parties could be “proceeded against in consonance with law”. There is little leeway that Justice Karnan now has. He must wake up and smell the coffee. He should either submit evidence or apologise. In any case, he has lost the credibility to continue as a judge.