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Justice CS Karnan orders probe against Supreme Court judges hearing his case

On February 8, when contempt proceedings were initiated against him, all judicial and administrative responsibilities were revoked from Justice Karnan.

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Justice CS Karnan addresses a press conference on Friday
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The drama surrounding the contempt case against Justice CS Karnan took an interesting turn on Friday. Hours after the Supreme Court (SC) issued a bailable warrant against him, Justice Karnan "signed" an 11-page order under the aegis of the Calcutta High Court, directing the Central Bureau of Investigation (CBI) to probe allegations against several judges of the apex court.

On February 8, when contempt proceedings were initiated against him, all judicial and administrative responsibilities were revoked from Justice Karnan.

In a suo moto order to President Pranab Mukherjee and the CBI director, among others, Justice Karnan on Friday passed a direction for the registration of a case under the Scheduled Castes and Scheduled Tribes Act and other penal provisions against seven judges, including Chief Justice of India JS Khehar and Attorney General Mukul Rohatgi.

The seven judges named are part of the specially constituted bench hearing the suo moto contempt proceedings against Justice Karnan. At a hurried press conference held at his New Town residence in Kolkata, the High Court judge alleged that he was a victim of caste discrimination.

"I am being targeted as I am a Dalit. This is a caste issue. The order has been deliberately issued against me. This is an attempt to ruin my life. The warrant is unconstitutional," Justice Karnan told the media. "The order is arbitrary. It is deliberately issued against me in order to ruin my life, career," he added.

"I direct the CBI director to register, investigate and file a report," saidJustice Karnan, adding that he was invoking his inherent powers under the High Court to "prevent abuse of process of any court and secure ends of justice."

"Why should I appear before the SC? They are not my superior," the aggrieved judge added. "There is no provision of issuing a bailable warrant against a sitting judge. I have requested the President of India to recall it."

Justice Karnan, who was directed to appear before a Bench comprising the seniormost judges, failed to answer the summons for the second time. Following this, the Bench led by Chief Justice of India (CJI) JS Khehar said that there was "no other alternative" but to issue a bailable warrant against him.

The West Bengal Police chief has been directed to personally serve the warrant to Justice Karnan on a personal bond of Rs 10,000 to ensure his presence in court for the next hearing on March 31.

The hearing on Friday morning began at 10:30 am was over within 15 minutes. During the proceedings, Rohatgi informed the court that Justice Karnan had written two letters to the CJI, in which he once again levelled allegations of corruption against judges of the Madras High Court.


"It only aggravated the issue as there are many more grave allegations," Rohatgi said. "He passed an order at his residence but ?the substance is not known, apparently he has raised the issue of an inquiry into the Kalikho Pul issue," Rohatgi said. "Even HC registry has no clue about the order," he added.

The AG added that Justice Karnan had also faxed a letter to the SC Registrar seeking a meeting with the judges of the top court and the restoration of his judicial and administration duties. To this, the Bench observed that this letter could not be treated as a response in lieu of Justice Karnan's presence.

On February 8, the SC took suo moto notice against the Calcutta High Court judge after he alleged instances of corruption against several sitting and retired judges. In a letter dated January 23, Justice Karnan wrote a two-page letter to the Prime Minister, listing at least 20 judges – including recently retired Chief Justice TS Thakur and recently appointed SC judge Sanjay Kisan Kaul. The letter sought an inquiry against the judges by a central agency, presumably the CBI.

The January letter, which was widely circulated on social media, led to a contempt case against him. Justice Karnan has been alleging caste bias against him at various levels since eight years. He had once famously stayed his own transfer from the Madras High Court to the Calcutta High Court.

During the press conference, Justice Karnan also alleged that the SC was in contempt by instituting the special Bench in violation of the Indian Constitution. "It is a national issue. It should reach the people. Let there be transparency. What's the secret? Nobody takes a suo moto warrant against a sitting judge," Justice Karnan said when asked if it was proper for a sitting judge to address the media in this manner.

On February 9, just days after the contempt notice was issued, Justice Karnan wrote a four-page letter to the SC Registrar, saying that he was being targeted because he was a Dalit. Justice Karnan had added that the proceedings against him were not maintainable. By sending the letter to the Prime Minister's Office (PMO), he had simply brought forward and submitted proof of "high irregularities and illegalities in the judicial courts."

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