In a first of
its kind, the Supreme Court of India has issued Contempt notice to a sitting
High Court Judge (Justice C.S.Karnan of Madras High Court) in suo moto
proceedings. The notice has been issued in view of serious and reckless allegations
by Justice C.S.Karnan against other Judges of the High Court and apparent
defiance by Justice C.S.Karnan of the Supreme Court’s orders.
....................
Supreme Court
issued notice to him on 8th February 2017 to appear on 13.2.2017.
However, Justice C.S.Karnan did not appear no any advocate appeared on his
behalf on 13.2.2017. Under these circumstances, the Seven Judge Constitution
Bench of the Supreme Court adjourned the matter and directed Justice C.S.Karnan
to be personally present on 10th March 2017.
Here is Order
dated 8th February 2017 passed by the Supreme Court :
“IN THE SUPREME
COURT OF INDIA
CIVIL ORIGINAL
JURISDICTION
SUO MOTU CONMT.PET.(C)NO.1
OF 2017
IN RE : HON'BLE
MR JUSTICE C.S. KARNAN
O R D E R
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.
4. Shri Justice
C.S.Karnan shall remain present in Court in person, on the next date of
hearing, to show cause.
5. The learned
Attorney General has assisted us during the 2 course of hearing, today. We
request him to assist us, during the course of further proceedings in the
matter.
.........................CJI. (JAGDISH SINGH
KHEHAR) .........................J.
(DIPAK MISRA)
..........................J.
(J.CHELAMESWAR)
..........................J.
(RANJAN GOGOI)
..........................J.
(MADAN B.LOKUR)
..........................J.
(PINAKI CHANDRA
GHOSE) ..........................J.
(KURIAN JOSEPH) …......................J.
NEW DELHI;
FEBRUARY 8, 2017.”
Here is Order
dated 13th February 2017 passed by the Supreme Court :
“IN THE SUPREME
COURT OF INDIA
CIVIL ORIGINAL
JURISDICTION
SUO MOTU
CONTEMPT PETITION(C) NO.1 OF 2017
In Re: Sri
Justice C.S. Karnan
O R D E R
Sri Justice C.S.
Karnan has been duly served, in terms of the motion Bench order dated
08.02.2017. A communication dated 10.02.2017 addressed by Sri Justice C.S. Karnan
to the Secretary General of this Court has been received in the Registry of
this Court. Every page of the above communication bears his signatures. The
aforesaid letter of Sri Justice C.S. Karnan is taken on record.
2. Despite due
notice, Shri Justice C.S. Karnan has not appeared. No one has been authorised
by Sri Justice C.S. Karnan to represent him today. In any case, no one having a
power of attorney, has represented him today. We are not aware of the reason(s)
for his non-appearance. It is therefore, that we refrain from proceeding with
the matter as of now.
3. Post for
hearing on 10.03.2017 at 10.30 a.m. Sri Justice C.S. Karnan is directed to be
present in Court in person, on the next date of hearing. We also hereby direct,
that the interim order passed in this matter on 08.02.2017, shall continue till
further orders.
4. It is
necessary to notice, that certain counsel, appeared on their own. We enquired
from them, whether they were duly authorised by Sri Justice C.S. Karnan, and
were in possession of a power of attorney to represent him. They had no such 2
authorization. These learned counsel submitted, that they proposed to file
impleadment application on behalf of certain organization. The oral prayer for
impleadment is rejected.
5. Since
contempt proceedings are a matter strictly between the Court and the alleged
contemnor, anyone who enters appearance and disrupts the proceedings of this
case in future, should understand that he/she can be proceeded against, in
consonance with law. All that we need to say is, that no one should appear in
this matter, without due consent and authorization.
6. The Registry
shall communicate the instant order to Sri Justice C.S. Karnan, in the same
manner as he was communicated the previous order.
….....................CJI
[JAGDISH SINGH KHEHAR] …......................J.
[DIPAK MISRA]
…......................J.
[J. CHELAMESWAR]
…......................J.
[RANJAN GOGOI]
…......................J.
[MADAN B. LOKUR]
…......................J.
(PINAKI CHANDRA
GHOSE) ..........................J.
(KURIAN JOSEPH) …......................J.
NEW DELHI; FEBRUARY
13, 2017.”
