C S Karnan not psyched as Supreme Court orders psycho test

The Supreme Court passed an order on Monday directing the Calcutta Hospital to medically examine Justice CS Karnan in order to attest his mental capabilities. Noting his absence in court — after his dramatic presence at the last hearing — the apex court also took notice of Justice CS Karnan's press briefings, press releases and "orders" issued by him.

"Therefore, we consider it in the fitness of the matter to require him to be medically examined. We hereby direct the Calcutta Hospital to constitute a board of doctors to examine Shri Justice CS Karnan and submit a report."

The seven-judge bench comprising of the senior most judges of the top court added that if found medically fit, Justice Karnan would face proceedings even if he retired.

"The press briefing and the orders issued by him indicate that he may not be in a position to defend himself. Therefore, we consider in the fitness of matter that he may be medically examined by a medical board of a government hospital."

The Chief Justice's court was once again packed to the rafters with lawyers and media persons alike to see the ongoing Karnan-drama unfold.

Attorney General Mukul Rohatgi demanded strong action saying Justice Karnan's move was calculated and the judiciary was becoming a laughing stock, whereas Senior Advocate KK Venugopal preferred a more staid approach - in allowing Justice Karnan to "fade away in retirement" next month.

The apex court ordered to constitute a medical board to examine the mental condition of Justice Karnan on May 4 and also directed the DG West Bengal to assist the medical board to get Justice Karnan examined.

The court also asked Justice Karnan to file his response, if he desires so. "If Justice Karnan decides not to file his response, the SC would presume that he has nothing to say," the court said. The bench further directed all courts, tribunals, commissions across the country not to consider any order passed by Justice Karnan after it had revoked revoked the Calcutta High Court judge's administrative and judicial powers on February 8.

Hours after the hearing concluded in the national capital, at his Kolkata residence, the High Court judge set aside the SC ruling against him saying it was erroneous. Instead, he passed an order to the Director General of Police (DGP) of the Delhi Police to get appropriate medical tests done on the seven Supreme Court judges.

Addressing the media, Justice Karnan said that the SC or the High court could pass an order to form a medical board to carry out medical examinations on him only if he didn't have any legal heirs.

"In my case I have a wife who is a bachelor of science and masters degree holder in education. My elder son is a bachelor of computer education and my second son pursued his higher studies in France. They are my legal heirs and therefore the Supreme Court should not have any legal question to pass such a kind of order. It is erroneous, not sustainable under law," Justice Karnan said.

On the contrary he passed another order directing the Delhi DGP to medically examine the seven judges on the bench.

Dismissing the SC order wherein his verdicts since February 8 need not be obeyed, Justice Karnan said, "If I pass order against X and Y, they themselves cannot set aside my order. I passed order against seven judges. They are accused under SCST Act. Same judges cannot set aside my order. That order should be placed to a different bench."

Justice Karnan also took exception to the direction given to West Bengal DGP in assisting the medical board to conduct medical examinations on him at his residence. "Who is DGP? Who are SC judges? How do they determine that I have psychological problem? I am not willing to take any treatment. Suppose you need any medical treatment, you go and take medical treatment. If you don't want, no one can insist you to take any medical treatment."

He further added, "He (DGP) must be within his limits. Today I set aside the Supreme Court order. Thereby both have to be discussed by the parliament. And till such a time the DGP shall wait. On the basis of Supreme Court orders if the DGP and concerned doctors forcibly tried to conduct any medical treatment against my wish, all doctors and DGP will be included as co-accused along with the seven judges who are facing violation of SC/ST Atrocity Act," Justice Karnan said.

In a historic move, the SC initiated contempt proceedings against a sitting high court judge after Justice Karnan wrote a two-page letter to the PMO listing 20 names of corrupt sitting high court and supreme court judges.