In a four-page letter, Karnan states that the contempt order was "not sustainable under law".

Upper caste judges misusing judicial power Justice Karnan hits back at SCs contempt notice
news Law Sunday, February 12, 2017 - 09:00

Days after the Supreme Court issued a contempt notice to sitting Calcutta High Court judge Justice CS Karnan, the latter has hit back, accusing the apext court of caste bias.
 
According to reports, Karnan accused the SC judges of 'upper-caste bias', as he was a Dalit, and asked that the case should be referred to the Parliament.

Karnan has hit back in a four-page letter.

"The suo motu order against me, a Dalit judge, is unethical and goes against the SC and ST (Prevention of) Atrocities Act. It is certainly a national issue and a wise decision would be to refer the issue to the House of Parliament," Karnan was quoted as saying.

"This said order does not conform to logic, therefore is not suitable for execution. The characteristic of this order clearly shows the upper caste judges are taking law into their hands and misusing their judicial power by operating the same against a SC/ST Judge with malafide intention of getting rid of him. Therefore, the suo motu contempt order dated 08.02.2017 is not sustainable under law,” he added.

Earlier this week, a constitution bench comprising Khehar and six other judges directed that Justice Karnan would not discharge any judicial and administrative functions during the pendency of the proceedings.

It also asked Justice Karnan to appear before it in person on February 13.

Justice Karnan "shall remain present in Court in person, on the next date of hearing, to show cause".

It also directed Karnan to hand over all files relating to his judicial and administrative functions to the Registrar General of the High Court.

Justice Karnan "shall forthwith refrain from handling any judicial or administrative work, as may have been assigned to him, in furtherance of the office held by him. He is also directed to return, all judicial and administrative files in his possession, to the Registrar General of the High Court immediately", said the constitution bench in its order.

Noting the assistance by the Attorney General Mukul Rohatgi, the court in its order said that he would assist the court in the course of further proceedings.

Besides Chief Justice Khehar, other judges on the bench are Justice Dipak Misra, Justice J Chelameswar, Justices Ranjan Gogoi, Justice Madan B Lokur, Justice Pinaki Chandra Ghose and Justice Kurian Joseph.

The issuance of contempt notice to Justice Karnan assumes significance as it is for the first time in the history of the Supreme Court that it has invoked powers to initiate contempt proceedings against a sitting judge of a High Court.

At the outset of the hearing, Attorney General Mukul Rohatgi told the court that the nature of various communications by Justice Karnan were "very very scandalous" and "embarrassing" and the "time has come for this court to act".

He urged the court to act so that a clear message should go to the citizens that the top court will not hesitate in taking action against its own judge in the High Court.

Urging the court to ask the Chief Justice of Calcutta High Court not to assign Justice Karnan any judicial or administrative work, AG said that he was through his actions "destroying the administration of justice".

The AG said this pointing out that Justice Karnan wrote disparaging letters to the Prime Minister, Law Minister, Supreme Court Registrar about sitting and retired top court and High court judges. In case of some judges, Justice Karnan had even levelled the allegation of corruption and caste discrimination.

Justice Karnan had also stayed the top court collegium's decision transferring him from Madras High Court to Calcutta High Court.

AG said that the top court was empowered under Article 129 of the constitution read with Article 142(2) to punish the High Court judges and the members of subordinate judiciary.

However, Chief Justice Khehar said that since it was happening for the first time and "We have to be very careful in going about it."

"We must be as careful as we can be. We have to see what we can so, what we can't do... it is a vital issue. We have to see cause and effect," said Chief Justice Khehar.

"This is presumptuous. You are presuming," the bench said as Attorney General said that "any further communication (from Justice Karnan) will compound the matters".

"We are receiving letters from him for a long time. Suppose if he denies writing letters, it will change the situation. We will have to hear him and we have to hear every one," the bench told the AG who was advocating a strong action against his alleged misconduct and to protect the judiciary.

 

IANS inputs

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