Attorney General wants charges framed but apex court gives the Calcutta High Court judge another chance in contempt case
Attorney General of India Mukul Rohatgi suggested that charges be framed against Calcutta High Court judge Justice CS Karnan after he failed to appear in court on Monday in a contempt case against him.
"He did not appear in court. The letter by him further aggravates the position. It is on WhatsApp and all over the media as well. The letter goes on to make many allegations. All this interferes with the administration of justice. It is unfortunate that these kinds of things are going on. Your Lordships should act," Rohatgi submitted in the apex court.
The apex court declined to accept the attorney general's submission and gave the judge another chance to appear before the specially constituted seven-judge bench within three weeks.
"Despite a due notice, Shri Justice CS Karnan has not appeared. No one has been authorised by Shri Justice CS 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. Therefore, we refrain from proceeding with the matter as of now," the court said.
During the hearing, the bench was irked when some lawyers including Mathew J Nedumpara started arguing in the matter.
Nedumpara said Justice Karnan was in distress and needed counselling.
"Has Justice Karnan authorised you (Nedumpara) to appear? Please answer the question. Has he authorised you? You always interfere with the court proceedings," the bench said, adding no lawyer can be allowed to argue unless authorised and warned that they will be proceeded against under the law for interfering with the judicial process.
Senior advocate KK Venugopal, appearing for the Registrar General of the Madras HC, said the High Court judges needed protection from Karnan's verbal abuse and wild charges. He said the judge concerned had levelled malicious rape charges against a sitting Madras High Court judge.
In a historic move, the Supreme Court issued a contempt case against Justice Karnan, a sitting judge, when he wrote a letter to the Prime Minister's Office alleging irregularities and corruption in the higher judiciary.
The apex court also took note of a letter the judge had written to the Registrar General on February 9, after the contempt notice was issued against him. In the second letter that was four pages long, Justice Karnan had reiterated that he was being targeted because he was a Dalit. He added that the proceedings against him were not maintainable. He said by sending the letter to the Prime Minister's Office, he had simply brought forward and submitted proof of "high irregularities and illegalities in the judicial courts."
In the January letter — which set things in motion — Justice Karnan had listed names of 20 judges who were allegedly corrupt.
Earlier, Justice Karnan had famously stayed his own transfer from Madras High Court to Calcutta High Court.
This is the first time such proceedings have been initiated. It remains to be seen how the judiciary will forge ahead since this case will set a precedent for anything else that would follow.
—With agency inputs
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