The plot has just thickened!.With one Constitutional body pitted against a Constitutional functionary, sparks were expected to fly. And Justice CS Karnan‘s response to an unprecedented case initiated by the Supreme Court would mean that the battle has just begun..The Supreme Court, in an unprecedented act, had issued notice to Justice CS Karnan, a sitting judge of the Calcutta High Court on February 8..The controversial judge has now hit back at the apex court with a strongly worded letter written to the Supreme Court Registrar General. In his letter, Karnan J. has lashed out at Chief Justice of India, Justice JS Khehar and the other judges on the Bench for initiating contempt against him..Karnan J. has stated that the case should not be heard till Justice Khehar demits office and if it needs to be taken up urgently, then the matter should be sent to the Parliament..The High Court judge has alleged that it is a case of upper caste judges misusing their powers to “get rid of” a Dalit judge and that the current Chief Justice of India, Justice JS Khehar is prejudiced against him due to an order passed by him against Khehar J. last year..In his response Justice Karnan has stated that as a sitting judge, he is obligated to control corruption and irregularities in the judiciary. Referring to the letter written by him to various government functionaries alleging corruption against certain judges of High Courts and the Supreme Court, he states,.“I am also a responsible judge to control such high irregularities especially corruption and malpractice. I have furnished comprehensive proof of unethical practices happening with the respective courts.”.He has then proceeded to make various allegations against the seven-judge Bench..“Before obtaining any explanation from me, I wish to state that the Courts have no power to enforce punishment against a sitting judge of the High Court. The said order does not confirm to logic, therefore it is not suitable for execution. The characteristic of this order clearly shows that the Upper Caste judges are taking the law in their hands and misusing their judicial power by operating the same against a SC/ST (Dalit) judge with mala fide intention to get rid of him.”.Karnan J. has then referred to a proclamation made by him in the premises of the Madras High Court on February 15, 2016 wherein he had made allegations against sitting judges..Regarding Justice Khehar, he says that he had passed an order on February 15, 2016 against Khehar J. directing initiation of criminal case against the CJI..“Therefore, the present Chief Justice is bearing the same prejudice as in the past by passing the same order”..Condemning the order passed by the Supreme Court, Karnan J states that,.“unethical and goes against the SC/ST Atrocities Act…The Hon’ble judges have passed this sort of an unusual order which effect the star Articles of 14 and 21 of the Constitution by derogating the principle of natural justice..it is erroneous and wilfully passed with a mala fide intention”.He has called for hearing the case after the retirement of Justice Khehar. In the alternative,.“if considered urgent, refer the matter to Parliament”..The letter by Karnan J. raises some valid issues regarding the powers of the Supreme Court to try a High Court judge for contempt. Even CJI Khehar had raised these issues during the hearing of the case on February 8, when he said that this is the first time the court is hearing such a case, and it will have to be careful..“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”, Khehar J. had remarked.The matter is now listed for hearing on Monday, February 13 when Karnan J. would appear in-person before the Supreme Court..The question is, what now?
The plot has just thickened!.With one Constitutional body pitted against a Constitutional functionary, sparks were expected to fly. And Justice CS Karnan‘s response to an unprecedented case initiated by the Supreme Court would mean that the battle has just begun..The Supreme Court, in an unprecedented act, had issued notice to Justice CS Karnan, a sitting judge of the Calcutta High Court on February 8..The controversial judge has now hit back at the apex court with a strongly worded letter written to the Supreme Court Registrar General. In his letter, Karnan J. has lashed out at Chief Justice of India, Justice JS Khehar and the other judges on the Bench for initiating contempt against him..Karnan J. has stated that the case should not be heard till Justice Khehar demits office and if it needs to be taken up urgently, then the matter should be sent to the Parliament..The High Court judge has alleged that it is a case of upper caste judges misusing their powers to “get rid of” a Dalit judge and that the current Chief Justice of India, Justice JS Khehar is prejudiced against him due to an order passed by him against Khehar J. last year..In his response Justice Karnan has stated that as a sitting judge, he is obligated to control corruption and irregularities in the judiciary. Referring to the letter written by him to various government functionaries alleging corruption against certain judges of High Courts and the Supreme Court, he states,.“I am also a responsible judge to control such high irregularities especially corruption and malpractice. I have furnished comprehensive proof of unethical practices happening with the respective courts.”.He has then proceeded to make various allegations against the seven-judge Bench..“Before obtaining any explanation from me, I wish to state that the Courts have no power to enforce punishment against a sitting judge of the High Court. The said order does not confirm to logic, therefore it is not suitable for execution. The characteristic of this order clearly shows that the Upper Caste judges are taking the law in their hands and misusing their judicial power by operating the same against a SC/ST (Dalit) judge with mala fide intention to get rid of him.”.Karnan J. has then referred to a proclamation made by him in the premises of the Madras High Court on February 15, 2016 wherein he had made allegations against sitting judges..Regarding Justice Khehar, he says that he had passed an order on February 15, 2016 against Khehar J. directing initiation of criminal case against the CJI..“Therefore, the present Chief Justice is bearing the same prejudice as in the past by passing the same order”..Condemning the order passed by the Supreme Court, Karnan J states that,.“unethical and goes against the SC/ST Atrocities Act…The Hon’ble judges have passed this sort of an unusual order which effect the star Articles of 14 and 21 of the Constitution by derogating the principle of natural justice..it is erroneous and wilfully passed with a mala fide intention”.He has called for hearing the case after the retirement of Justice Khehar. In the alternative,.“if considered urgent, refer the matter to Parliament”..The letter by Karnan J. raises some valid issues regarding the powers of the Supreme Court to try a High Court judge for contempt. Even CJI Khehar had raised these issues during the hearing of the case on February 8, when he said that this is the first time the court is hearing such a case, and it will have to be careful..“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”, Khehar J. had remarked.The matter is now listed for hearing on Monday, February 13 when Karnan J. would appear in-person before the Supreme Court..The question is, what now?
