CLASS SEMINAR ON CONTEMPT OF COURT CASE STUDY OF JUSTICE

KARNANS CONTROVERSY
The highest proof of virtue is to possess boundless power without abusing it
T.B.Macaulay

The Indian Judiciary constituted by the Constitution of India, carries onerous responsibility of
upholding the spirit of Constitution and Justice. To execute it, it has been conferred with wide
powers, which ought to be exercised with utmost diligence and sense of responsibility.
However, at times the controversies thrown in context of the functioning of the powers by
judges, triggers the need for discussing and analysing the provisions of law in context thereto.
One of such recent controversies is prompted in context of Justice Karnan.

It started in November 2011, with his allegation of humiliation against few High Court judges
on the basis of caste, which led to an agitation. He had said that Dalit judges were targeted
and their reputation tainted whenever they proclaimed their self-respect. Judge Karnan had
set an example at that point in time by addressing a crowded press conference at his chambers
in the High Court, where he said he was facing humiliation and embarrassment since April Commented [S1]: Can we have citations of this information?

2009. He also was the first sitting judge in India to lodge a complaint of caste bias with the
National Commission for SC/ST.1 He said for almost two years he did not speak about this
issue, as he wanted to safeguard the dignity of the institution.

But what is of more relevance to this seminar is the start of the long drawn controversy that is
currently before the Supreme Court.
I
In January 2014, while a special bench was hearing a PIL against the proposed appointment
of new judges, Justice CS Karnan of the Madras High Court surprised everyone by entering
the courtroom saying the selection is unfair and expressed his desire to file an affidavit in his Commented [S2]: We need to find answer to question whether
he can express his desire in such matters, if yes under what
name, as he was also a part of the judiciary. Later, he abruptly exited the courtroom. 2 provisions and procedure?
Commented [S3]: Is there a provision that stops him from doing
In 2015 Justice Karnan of the Madras High Court initiating suo motu proceedings, staying the so? Does this amount to any violation ?
Commented [S4]: Does the HC judge have power to initiate it?
Tamil Nadu Public Service Commission interviews for selection of Civil Judge (Junior If yes under what provisions?

Division).

1
http://www.livelaw.in/justice-cs-karnan-a-man-not-unknown-to-controversies-questions-collegium-selection-
calls-it-unfair/
2
Id.
Granting interim stay on this suo motu order passed by Justice Karnan, a Division Bench of
the Madras High Court, comprising of Justice S. Tamilvanan and Justice C.T. Selvam had
ruled that suo motu power could be exercised only by the Chief justice in Public Interest Commented [S5]: Which provisions of the Constitution and SC
Rules?
Litigation. Against this Division Bench order, Justice Karnan again took suo motu Commented [S6]: Under what provision a judge can pass order
against the Division Bench? That too in the matter where he himself
proceedings and issued the controversial order stating: is a party?
If no provision, then is there any provision that stops him from
doing it?
This Court further requests My Lord The Honble Chief Justice to extend your co-
operation without any interference with my Courts proceedings and its Judicial Power
in order to maintain the decorum of the Court and avoid an unhealthy practice of
Judiciary in the interest of the general public. My deep request to My Lord The Honble
Chief Justice is to avoid ego and stop acting in an autocratic manner to protect
democracy.

The order further requests the Chief Justice to not interfere in the instant case, failing
which, this Court will initiate contempt of Court Proceedings against the Chief Justice of the Commented [S7]: Can he initiate Contempt Proceeding? If yes
which provisions? If No, what stops him from doing it?
High Court. According to the order, the saving grace would be to clear the grave scandal
through a CBI enquiry.3 Commented [S8]: Provisions for mandating CBI inquiry.

The Supreme Court subsequently stayed the interim order passed by the Justice C.S. Karnan
of the Madras High Court in a suo motu writ proceeding staying the administrative order of
the Chief Justice of the Madras High Court with regard to selection of civil judges.4 The court
also condemned the incident if his indecorous with regard to the walk in statement against
the collegium.5

A day after the Supreme Court restrained him from interfering with the process of selection
of civil judges initiated by the Chief Justice of the Madras High Court, Justice C S Karnan of
the Madras High Court ignited a new controversy by directing the CBI to inquire into the Commented [S9]: Can he direct such inquiry?

educational qualifications of fellow judge of the Madras High Court, Justice V Dhanapalan.
Justice C S Karnan, later alleged that a judge of the Madras High Court sexually assaulted an Commented [S10]: Assuming the allegation was true, how is
cognizance taken of such offence or violation?
intern in the High Court premises. 6

3
http://www.livelaw.in/chief-justice-madras-hc-should-avoid-ego-and-stop-acting-in-autocratic-manner-to-
protect-democracy-justice-karnan-requests-cj-to-not-interfere-with-case-or-face-contempt-proceedings/
4
http://www.thehindu.com/news/national/sc-stays-madras-hc-judges-order-against-chief-
justice/article7193485.ece
5
http://www.livelaw.in/supreme-court-stays-justice-karnans-order-initiating-contempt-proceedings-against-
madras-high-court-cj-sanjay-kaul/
6
http://www.livelaw.in/justice-karnan-stirs-up-new-controversy-directs-cbi-to-probe-fellow-judges-educational-
qualifications-2/
Adding to the controversies he had already set ablaze, Justice Karnan wrote a letter to the
Chief Justice of India criticizing the collegium system. In the letter, he praised the Commented [S11]: Can a judge of HC bring any matter to the
notice of CJ, through a letter?
governments move to constitute the National Judicial Appointment Commission (NJAC) and
said that is most appropriate for the functioning of the judiciary in an unfettered manner and
to render justice. Calling certain judicial appointments made by the Madras High Court as
unfair, the Judge had earlier spoken against the HC collegium system of selecting judges.

Copies of the letter which has been sent to the President, the Prime Minister, the Union Law
Minister and the Chief Justice of the Madras High Court, was of significance at this juncture
as the constitutionality of NJAC was under consideration in the Apex Court.7 Commented [S12]: What is the consequence of such letter esp.
In context of matter subjudice?

Later Justice C.S. Karnan wrote a letter to Chief Justice Sanjay Kishan Kaul with copies
marked to President of India and Chief Justice of India, accusing Chief Justice Kaul of
harassment and belittlement. He also stated that he is desirous of proceeding on long leave
because of the harassment.

In another letter addressed to Law Minister Sadananda Gowda, he attacked the Collegium
System. It is most obvious that selection adopted by the collegium system is only to
entertain their own favourites comprising close relatives, distant relatives and in the absence
of the abovementioned choices, then the selection would go to close associates and good
friends. He also wrote a third letter to the principal accountant general in Chennai to probe
whether government funds have been misused by the Chief Justice of the High Court as well
as the Registrar General.8

In February 2016, a transfer order was issued by the Supreme Court. Justice Karnan stayed Commented [S13]: Does SC have powers to issue a transfer
order of HC judge, under which provision? And what are the
the transfer order and directed the Chief Justice of India to file a reply before April 29th. grounds?

Meanwhile Supreme Court directed the Chief Justice of Madras High Court not to allow any Commented [S14]: Under what provision? Does SC have
supervisory powers over HC? If not, what stops it from exercising
work to Justice Karnan. The order from the bench headed by justice J S Khehar read: it?

The Registrar-cum-Personal Secretary of Chief Justice of Madras High Court has

filed an affidavit. The same reveals that Justice Karnan is in receipt of his transfer
order. On account of the fact that he has received his transfer order, we find it just and
appropriate to direct to allow the Chief Justice not to assign any further judicial work
to him. A copy of this order shall be furnished to the judge It shall be open for Justice
Karnan to enter appearance before this court in the pending matter at his own cost

7
http://www.livelaw.in/justice-karnans-letter-to-cji-says-collegium-system-is-autocratic-and-undemocratic/
8
http://www.livelaw.in/madras-high-court-judge-c-s-karnan-accuses-cj-kaul-of-harassment-and-belittlement/
Subsequently he was transferred to the Calcutta High Court.9

II

THE CONTEMPT HEARING

Justice Karnan two weeks back circulated many letters making serious allegations against
Supreme Court and High Court Judges. In one of the letter addressed to Prime Minister of
India he alleged that some illegal money has been recovered from some High Court Judges
after demonetisation. He also alleged corruption against twenty High Court Judges. Justice
Karnan had written an open letter to Prime Minister Narendra Modi, urging him to take
action against what he described as high corruption at the judiciary. In his letter dated
January 23, the judge furnished an initial list of corrupt judges, and named 20 judges of
Supreme Court and High Courts.10

Earlier, the AG, who is the officer of the court for prosecuting suo motu contempt
proceedings, urged the bench to proceed against Justice Karnan as his communications were
completely scandalous, calculated and brought disrepute to the institution. 11

A seven Judge Bench of the Supreme Court, including the CJI, Justice Kehar and 6 senior
most judges initiated a suo motu civil contempt case against Justic Karnan.This was an Commented [S15]: What are the provisions?

unprecedented move in that the Apex Court has never before taken such a step regarding a
letter campaign of this nature. The bench asked J. Karnan to be present on February 13 and
respond to a show-cause notice of contempt of court for writing letters in which he levelled Commented [S16]: Provisions for such powers to issue notice?

corruption charges against several serving and retired apex court and High Court judges.
While seeking the judges personal presence, the bench said issuance of a notice of contempt
to an HC judge was a matter of vital importance since there had been no such precedent
and that whatever the seven-judge bench now rules would be the law for years to come.12

Justice Karnan failed to appear before the Court he court deferred the proceedings in the case
by three weeks as neither Karnan nor his lawyer appeared before it. We are not aware of

9
http://www.livelaw.in/madras-hc-judge-justice-karnan-stays-supreme-courts-order-transferring-him-to-
calcutta-hc-sc-directs-the-cj-not-to-assign-any-works-to-him/
10
http://indianexpress.com/article/india/first-time-supreme-moves-against-high-court-judge-for-contempt-dalit-
corruption-4513169/
11
http://indianexpress.com/article/india/for-the-1st-time-sc-bench-invokes-contempt-proceedings-against-
sitting-hc-judge-4513601/
12
http://indianexpress.com/article/india/first-time-supreme-moves-against-high-court-judge-for-contempt-dalit-
corruption-4513169/
reasons for his non-appearance. We, therefore, refrain from proceeding with the matter, the
court said. The apex court, however, took on record a letter written by Justice Karnan to
Registrar General of apex court in which he alleged victimisation for being a Dalit. The court
said that since the consequences are grave, it would give Justice Karnan adequate time to
prepare his reply to the show cause notice under the Contempt of Courts Act and present his
case. The Court said: We will have to wait for his reply first. We have two options: Once we
have granted him time to show cause, we will give him some more time. Second option is that
we will issue a bailable or a non-bailable warrant against him.13

Subsequently, the Supreme Court issued a bailable warrant against Calcutta High Court
judge CS Karnan after he failed to show up in compliance of the contempt proceedings
initiated against him for writing contentious letters against sitting and retired apex court and
high court judges. The apex court noted it was left with no alternative.

Following Supreme Courts decision to issue a bailable warrant against Calcutta High Court Commented [S17]: This power of SC is exercised under which
provision?
judge CS Karnan in a court contempt case, Justice Karnan rejected the warrant stating it is Commented [S18]: Can a warrant be rejected? On what
grounds? What is the effect of rejecting the warrant?
arbitrary and deliberately issued against him to ruin his career.14

In a letter addressed to Chief Justice of India Justice JS Khehar and six other judges, Justice
Karnan has stated that he rejected the bailable warrant issued by the Supreme Court after
assigning valid reasons. He urged the judges to abstain from further harassments in order to
uphold the dignity & decorum of our Courts. He called this act as demeaning , and violation
of the Atrocities Act against a Dalit judge, the letter stated Since the West Bengal judicial
jurisdiction is a part of his control and command, a bailable warrant became improper and Commented [S19]: Is he correct in making such statement? As
per the provisions of law?
untenable, it said.

13
http://indianexpress.com/article/india/hc-judge-karnan-fails-to-appear-in-court-sc-defers-case-by-3-weeks/
14
http://indianexpress.com/article/india/supreme-court-issues-bailable-warrant-against-calcutta-hc-judge-cs-
karnan-in-contempt-case-4563118/