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Justice Karnan saga — a script worthy of a Bollywood potboiler

Justice Karnan was held in contempt after he wrote a letter addressed to the Prime Minister's Office (PMO) earlier this year in January.

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Justice Karnan being arrested in the outskirts of Coimbatore on Tuesday.
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With his arrest in Coimbatore, the curtains finally fell on the drama surrounding Calcutta High Court judge Justice CS Karnan. The former HC judge, who officially retired on June 12 as a fugitive, became the first sitting judge in independent India's legal history to be held in contempt by the Supreme Court.

In an unprecedented move, in May, a seven-judge constitution bench comprising of the senior-most judges of the top court unanimously held that Justice Karnan should be penalised for his actions. "We are of the unanimous view that Justice Karnan is in contempt of this court and of judiciary and judicial process of grievous nature. We are satisfied in punishing him for contempt of court."

"We sentence him to imprisonment for six months. The sentence shall be extended forthwith," the bench led by the Chief Justice of India JS Khehar had ruled.

Justice Karnan was held in contempt after he wrote a letter addressed to the Prime Minister's Office (PMO) earlier this year in January. In his letter, Karnan had alleged corruption by 20 sitting and retired judges from the higher judiciary. Though, the letter lies un-investigated, the apex court slapped a him with a contempt notice soon after.

The West Bengal police however were unable to complete their action since Justice Karnan had apparently left for Chennai from Kolkatta, where he interned, the night before the verdict was pronounced.

In response to the adverse verdict, Justice Karnan, who had been regularly passing ex parte orders against the seven judges hearing his case, further sentenced the eight top court judges to five years rigorous imprisonment and fined them Rs. One lakh each "for offences under the SC/ST Atrocities Act 1989 and Amended Act of 2015."

The Justice Karnan saga could be a script worthy of a Bollywood potboiler. The retired high court judge who courted several controversies during his career kept the media and the public enthralled with his antics. The situation came to head, that the Supreme Court had even ordered a medical examination to attest the judge's mental capabilities.

In the orders that he passed, Justice Karnan had repeated alleged caste discrimination. "The judges had shown caste discrimination and hence had no locus standi to continue as Supreme Court judges, the order said that the fine amount has to be paid within a week to the National Commission, Scheduled Caste and Scheduled Tribes Constitutional body, at Khan Market, New Delhi," one of his 'orders' read.

The face-off between Justice Karnan and the Supreme Court dominated the corridors of the judiciary for almost six months now. The embittered judge, however, held his ground and stuck to his allegations till the end. In his sole appearance before the constitution bench that was hearing the case, he refused to apologise and pleaded for the restoration of his administrative and judicial duties.

Refusing to submit to the due process of law, Justice Karnan alleged that the seven SC judges had "misused their judicial power".

However, in the ensuing drama surrounding the contempt proceedings, the original complaint — the letter that lit the spark — somehow slipped through the cracks.

Story so far

Jan 23, 2017: Justice Karnan's open letter to PM Modi accuses 20 sitting, retired SC, HC judges of corruption.
Feb 8: SC asks him to appear in person and explain as to why contempt proceedings be not initiated against him.
Feb 9: Karnan alleges caste bias, claims contempt proceedings against him not maintainable.
Feb 13: Karnan fails to appear in SC, Attorney General Mukul Rohatgi suggests charges be framed against him.
March 10: SC issues bailable warrant against him. Hours after Karnan orders CBI probe against SC judges.
April 1: Karnan calls the SC bench unconstitutional; maintains that the contempt order in violation of principle of natural justice.
May 1: SC directs Calcutta Hospital to medically examine Justice Karnan in order to attest his mental capabilities.
May 2: Karnan orders issuance of non-bailable warrants against seven judges of the Supreme Court, including the CJI.
May 8: Karnan sentences the eight top court judges to 5 years' RI and Rs 1 lakh each fine for offences under the SC/ST Atrocities Act.

Compiled by DNA-Research N Archives

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