In an unprecedented move, the Supreme Court on Tuesday sentenced Calcutta High Court judge C S Karnan to six months in prison on charges of contempt of court. The judgment comes after a back-and-forth tussle between the controversial high court judge and the apex court, as both passed a series of orders against each other.
This is the first instance in India's judicial history that a high court judge is being jailed for contempt.
In general, the legal fraternity hailed the SC order against Karnan, while some felt that the proceedings would bring a bad name to the judiciary. The long saga, however, is marked with a series of interesting episodes.
The beginning of the saga
Karnan’s allegations started with a letter addressed to Prime Minister Narendra Modi in January in which he claimed high-level corruption and accused 20 judges and three officers of the Madras High Court of misconduct. In his letter, he said corruption charges against the judges could be proved if investigated by competent officers of the central agencies.
This met with much criticism, drawing the ire of the apex court. Following the incident, the SC initiated contempt proceedings against the judge on February 8 and restrained him from performing judicial and administrative work.
Bailable warrant and the historic appearance
On March 10, the Supreme Court issued a bailable warrant against Karnan for refusing to heed summons to appear. The SC bench headed by Chief Justice of India J S Khehar asked the West Bengal Director General of Police to serve the bailable warrant personally to Justice Karnan and sought his presence before it on March 31.
Karnan hit back by ordering the Central Bureau of Investigation (CBI) to probe all the seven apex court judges in the constitution bench. The collision escalated as he called a press conference and said the step was an "attempt to ruin" his life as a Dalit judge, and directed that a case be filed under the Scheduled Castes and Scheduled Tribes Act (SC and ST Act).
On March 31, Karnan appeared before the apex court in connection with the contempt proceeding, becoming the first high court judge to do so in the history of Indian judiciary.
I am quite normal and have a stable mind: Karnan
On May 1, the Supreme Court ordered medical examination of Karnan by a board of doctors set up by a government hospital in Kolkata.
To everyone’s surprise, on May 4 as the four-member medical team and a police personnel reached Karnan’s residence for his medical examination, he outrightly refused. "I declined to avail medical treatment since I am quite normal and have a stable mind,” Karnan gave in writing to the doctors.
He added: “Further my strong view about the Supreme Court order (is that) it amounts to insult and harassment towards the judge (myself).”
Karnan told the visiting doctors that as his “family members are not here, there is no consent, so, any medical test cannot be held”. According to the legal procedure, for holding a medical examination, guardian's consent is required.
CJI, seven others in the dock?
Karnan refused to budge as the proceedings against him were initiated by the Supreme Court. Adding twist to the tale, a day before the court sentenced him to six months in jail, Karnan also ‘sentenced’ Chief Justice Khehar and seven other judges of the apex court to five years rigorous imprisonment and imposed a fine of Rs 100,000 on each of them under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 and the amended Act of 2015.
In his order, he named members of the apex court's seven-judge bench, comprising the Chief Justice of India, Justices Dipak Misra, J Chelameswar, Ranjan Gogoi, Madan B Lokur, Pinaki Chandra Ghose and Kurian Joseph. Earlier, this bench had initiated suo motu contempt proceedings against Karnan and restrained him from performing judicial and administrative work.
On Tuesday, the apex court banned the media from publishing content of the orders passed by Karnan.
Retirement and the fraternity’s views
Justice Karnan is set to retire in June. “It is disgusting that he played the Dalit card. I hope some sense would dawn upon him,” former Attorney General Soli Sorabjee was quoted as saying by PTI.
“Justice Karnan did not leave any other option with the Supreme Court, which did the right thing. This will send a good message to the society,” retired Delhi High Court judge S N Dhingra told PTI.