For the first time in the history of the judiciary, the Supreme Court on Wednesday asked sitting Calcutta High Court judge Justice CS Karnan to appear in person for Contempt of Court proceedings and restrained him from undertaking judicial and administrative work. The seven-member Bench headed by Chief Justice of India JS Khehar posted the case for further hearing on February 13.
The SC initiated contempt proceedings against the judge for writing to the Prime Minister and others, levelling charges of corruption against several judges and making those missives public.
“Issue notice to Justice CS Karnan. Returnable on February 13. Justice CS Karnan shall forthwith refrain from handling any judicial or administrative work as may have been assigned to him,” the Bench said.
“He is also directed to return all judicial and administrative files in his possession to the Registrar General of the High Court immediately,” said the Bench also comprising Justices Dipak Misra, J Chelameswar, Ranjan Gogoi, MB lokur, PC Ghose and Kurian Joseph. The Bench ordered Karnan’s appearance on February 13.
At the outset, Attorney-General (AG) Mukul Rohatgi referred to the nature of public communications allegedly undertaken by Justice Karnan and said they are “slanderous” and “disparaging” to the system of administration of justice.
He urged the Bench to direct Chief Justice of the Calcutta High Court to restrain the judge concerned from taking up judicial and administrative work.
The AG referred to constitutional provisions and said that the apex court can take judicial note of the matter and is empowered to pass such an order.
“This court has to set an example when it comes to administration of justice,” he said, adding, “In exercise of the contempt jurisdiction, the Supreme Court can ask the Chief Justice of High Court not to assign administrative and judicial work to Justice Karnan.”
“It is the first time we will act against a sitting High Court judge and have to be very careful with what we settle as a precedent for times to come,” said the Bench. The apex court has turned the alleged contemptuous letters written by Justice Karnan against the Madras HC Chief Justice which were addressed to the CJI, Prime Minister and others, into contempt proceedings against him.
He was transferred from the Madras HC to the Calcutta HC for his alleged contemptuous conduct.
Justice Karnan has also been allowed to argue in person his case relating to his own transfer later this month before another Bench of Justices Arun Mishra and Amitava Roy, which last month had allowed him to argue his case in person by accepting his request to discharge advocate S Gowthaman. He had written a letter dated December 21, 2016 to the SC Registry seeking permission for the same.