HC judge in contempt case tells Constitution bench he won’t appear before it on the next date of hearing
Two months after writing the famed letter in which he made corruption allegations against several sitting and retired judges, for which he invited a contempt notice, Calcutta High Court judge Justice CS Karnan finally presented himself before the seven-judge Constitution bench hearing his case.
However, Justice Karnan was anything but apologetic. He refused to apologise to the 20 judges he had accused of corruption in his January letter to the Prime Minister. Representing himself, Justice Karnan argued that he did not write the letter for personal benefit. The judge said he was fighting for the integrity of the Constitution.
Chief Justice of India JS Khehar, leading a bench of the six other senior-most judges of the apex court, gave Justice Karnan many opportunities to apologise and withdraw his matter. “We give you three choices — unconditionally apologise, stick by your allegations and prove them, or take some more time and think about the situation calmly,” the CJI said.
However, during the 45-minute hearing in a packed courtroom, Justice Karnan raged against the alleged injustice meted out against him and submitted that he would tender an unconditional apology only if his administrative and judicial duties were restored. “In what way am I a contemner?” he asked. “Despite making allegations, no inquiry has been made into it,” Justice Karnan said. “My administrative and judicial duties were revoked without giving me a hearing,” he added.
“Had I not come today, you would have issued a non-bailable warrant against me... In what way am I an offender or an anti-social element or a terrorist for you... you should protect my dignity, my personal life has been destroyed, the police entered my colony and people are watching me,” Justice Karnan submitted.
To this, the CJI replied that since he had ignored two summons, the bench was compelled to issue a bailable warrant on the last date of hearing. “You did not enter the procedure. Hence the warrant was issued, not as an accused. Despite being a judge and understanding the consequences of your actions, you ignored the summons. You are not a terrorist,” the CJI said.
Finally, the top court concluded that the matter could not go ahead unless Justice Karnan submitted his responses in writing through an affidavit. At this point, Justice Karnan requested for revocation of his judicial and administrative duties, which was duly declined. Justice Karnan then stated that he would not participate in any other hearings henceforth.
“I will not appear before your lordships at the next date of hearing, send me to jail now if you wish,” Justice Karnan told the seven-judge bench.
Left with no other option, the bench posted the matter for hearing next on May 1.
COURTING CONTROVERSY
The courtroom drama spilled out in the lawns of the Supreme Court where Justice Karnan addressed the media. There, he issued a five-page order against the seven judges hearing his case. In his order, Justice Karnan “ruled” that the seven Supreme Court judges had insulted him by revoking his duties. He accused the seven judges under the Schedule Caste and Schedule Tribe Atrocities Act, and “restrained” them from administrative and judicial work from April 3 onward. He further requested “the Registrar General to not allot” any work to the said judges.
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