By Murali Krishnan & Vasudha Misra.The Latin maxim Quis custodiet ipsos custodes raises a very pertinent question: ‘Who will judge the judges?’ And today, it seems that a seven-judge Bench of the Supreme Court took it upon itself to answer that question with respect to controversial judge, CS Karnan J..In an unprecedented move, the Bench today issued notice to Justice Karnan in a suo motu contempt case..The Bench comprising Chief Justice of India JS Khehar and Justices Dipak Misra, Ranjan Gogoi, Jasti Chelameswar, Madan Lokur, PC Ghose and Kurian Joseph passed the order a few minutes ago..The immediate trigger for the court to initiate the contempt case was the letter written by Justice Karnan to the Prime Minister of India, alleging that certain retired and sitting judges of the Supreme Court and High Courts were corrupt..When the case was taken up at 10.30 am today, Attorney General Mukul Rohatgi was present in the Court to assist the Bench. He began his submissions by stating that,.“The Communication [by Karnan J.] is really embarrassing to read in court…The nature of allegations is very embarrassing.”.He said that contempt should be initiated against the sitting judge in the exercise of powers under Article 129 read with Article 142 of the Constitution..Rohatgi submitted that this was not a case wherein facts need to be examined, as all communications are “in the open”. He advocated for the court to set an example, while interestingly stating,.“It brings complete disrepute to the system of administration of justice. This Court must set an example and citizens should be made aware that this Court will not shy away from taking action against its own.”.Further, Rohatgi also submitted that all judicial and administrative work should be withdrawn from Karnan J..The Bench was skeptical about interfering with the High Court’s work on the administrative side, since High Courts are completely independent from the Supreme Court on the administrative side..The Bench also expressed its concern about the authorship of the controversial letter..“Are we to presume that it was written by him? What if he denies that he wrote it?”, asked Justice Khehar..Rohatgi stated that notwithstanding the fact that the Supreme Court does not have power similar to that conferred by Article 227, since it has connected jurisdiction with the High Courts, it can exercise wide powers in case of contempt in relation to High Courts and subordinate courts. He also stated that the power to punish for contempt under Article 129 is not trammelled by the Contempt of Courts Act..The judges then had a long discussion amongst themselves..CJI Khehar remarked that since this is the first time the court is hearing such a case, it will have to be careful and might seek the assistance of the Bar..“Since we are deciding such a case for the first time we must be as careful as we can be. We might seek the assistance of the Bar. .‘What we can do, what we cannot do; If we can do something, what punishment can be imposed’, all these issues are to be considered”, remarked Khehar J..The Court then proceeded to issue notice to Karnan J. and also directed that all judicial and administrative work be withdrawn from him. The order reads as follows:.1. Issue notice to Shri Justice C.S.Karnan, returnable on 13.02.2017. .2. The Registry is directed to ensure, that a copy of this order, and the letters taken note of while issuing notice, are furnished to Shri Justice C.S.Karnan, during the course of the day, through the Registrar General of the Calcutta High Court. .3. Shri Justice C.S.Karnan, shall forthwith refrain from handling any judicial or administrative work, as may have been assigned to him, in furtherance of the office held by him. He is also directed to return, all judicial and administrative files in his possession, to the Registrar General of the High Court immediately. .He will also have to appear in person on Monday, February 13, the same day when the case against him by the Madras High Court will be heard..Read the full order below:
By Murali Krishnan & Vasudha Misra.The Latin maxim Quis custodiet ipsos custodes raises a very pertinent question: ‘Who will judge the judges?’ And today, it seems that a seven-judge Bench of the Supreme Court took it upon itself to answer that question with respect to controversial judge, CS Karnan J..In an unprecedented move, the Bench today issued notice to Justice Karnan in a suo motu contempt case..The Bench comprising Chief Justice of India JS Khehar and Justices Dipak Misra, Ranjan Gogoi, Jasti Chelameswar, Madan Lokur, PC Ghose and Kurian Joseph passed the order a few minutes ago..The immediate trigger for the court to initiate the contempt case was the letter written by Justice Karnan to the Prime Minister of India, alleging that certain retired and sitting judges of the Supreme Court and High Courts were corrupt..When the case was taken up at 10.30 am today, Attorney General Mukul Rohatgi was present in the Court to assist the Bench. He began his submissions by stating that,.“The Communication [by Karnan J.] is really embarrassing to read in court…The nature of allegations is very embarrassing.”.He said that contempt should be initiated against the sitting judge in the exercise of powers under Article 129 read with Article 142 of the Constitution..Rohatgi submitted that this was not a case wherein facts need to be examined, as all communications are “in the open”. He advocated for the court to set an example, while interestingly stating,.“It brings complete disrepute to the system of administration of justice. This Court must set an example and citizens should be made aware that this Court will not shy away from taking action against its own.”.Further, Rohatgi also submitted that all judicial and administrative work should be withdrawn from Karnan J..The Bench was skeptical about interfering with the High Court’s work on the administrative side, since High Courts are completely independent from the Supreme Court on the administrative side..The Bench also expressed its concern about the authorship of the controversial letter..“Are we to presume that it was written by him? What if he denies that he wrote it?”, asked Justice Khehar..Rohatgi stated that notwithstanding the fact that the Supreme Court does not have power similar to that conferred by Article 227, since it has connected jurisdiction with the High Courts, it can exercise wide powers in case of contempt in relation to High Courts and subordinate courts. He also stated that the power to punish for contempt under Article 129 is not trammelled by the Contempt of Courts Act..The judges then had a long discussion amongst themselves..CJI Khehar remarked that since this is the first time the court is hearing such a case, it will have to be careful and might seek the assistance of the Bar..“Since we are deciding such a case for the first time we must be as careful as we can be. We might seek the assistance of the Bar. .‘What we can do, what we cannot do; If we can do something, what punishment can be imposed’, all these issues are to be considered”, remarked Khehar J..The Court then proceeded to issue notice to Karnan J. and also directed that all judicial and administrative work be withdrawn from him. The order reads as follows:.1. Issue notice to Shri Justice C.S.Karnan, returnable on 13.02.2017. .2. The Registry is directed to ensure, that a copy of this order, and the letters taken note of while issuing notice, are furnished to Shri Justice C.S.Karnan, during the course of the day, through the Registrar General of the Calcutta High Court. .3. Shri Justice C.S.Karnan, shall forthwith refrain from handling any judicial or administrative work, as may have been assigned to him, in furtherance of the office held by him. He is also directed to return, all judicial and administrative files in his possession, to the Registrar General of the High Court immediately. .He will also have to appear in person on Monday, February 13, the same day when the case against him by the Madras High Court will be heard..Read the full order below:
![Karnan J. contempt: SC issues notice, withdraws judicial and administrative work from judge [Read order]](http://media.assettype.com/barandbench%2Fimport%2F2017%2F02%2Fkarnan-contempt.png?w=480&auto=format%2Ccompress&fit=max)
