Case BriefsSupreme Court

Supreme Court: Reacting upon the judicial orders passed by Justice C.S. Karnan against the Chief Justice of India and 7 Supreme Court jusges, the 7-Judge Bench of Jagdish Singh Khehar, CJ and six senior most Judges of the Supreme Court, Dipak Misra, J. Chelameswar, Ranjan Gogoi, Madan B. Lokur, PC Ghose and Kurian Joseph, JJ, said that the tenor of the press briefings, as also, the purported judicial orders passed by Justice C.S. Karnan, prima facie suggest, that he may not be in a fit medical condition, to defend himself, in the present proceedings and hence he should be medically examined, before proceeding further.

The Court directed the Director Health Services, Government of West Bengal, to constitute a Board of Doctors from Pavlov Government Hospital, Kolkata, to examine Justice C.S. Karnan, and  conduct the examination on 4.5.2017.  Listing the matter on 09.05.2017, the Court directed the Medical Board to submit the report on or before 8.5.2017.

The Court also refrained all Courts, Tribunals, Commissions or Authorities, from taking cognizance of any orders passed by Justice C.S. Karnan, after the initiation of the proceeding on 8.2.2017.

Directing Justice C.S. Karnan to furnish his response to the notice issued to him on 8.2.2017, on or before 8.5.2017 and if he fails to do so it shall be presumed, that he has nothing to say in the matter.

Justice Karnan, who is a sitting judge of Calcutta High Court, had recently barred the members of the Bench in the present contempt proceedings, along with R. Banumathi, J. from travelling outside India and had directed them to appear before him. [IN RE: JUSTICE C.S. KARNAN, 2017 SCC OnLine SC 514, order dated 01.05.2017]

Case BriefsSupreme Court

Supreme Court: Owing to the non-appearance of Justice C. S. Karnan before the Court in the contempt proceedings, the 7-judge bench of J.S. Khehar, CJ and Dipak Misra, J. Chelameswar, Ranjan Gogoi, Madan B. Lokur, P.C. Ghose and Kurian Joseph, JJ issued a bailable warrant of Rs.10,000, in the nature of a personal bond, to ensure the presence of Justice Karnan on 31.03.2017.

On 08.02.2017, the Court had restrained Justice Karnan from handling any judicial or administrative work, as may have been assigned to him, in furtherance of the office held by him and had asked him to appear before the Court on 13.02.2017. Upon non-appearance of Justice Karnan on the said date, the Court listed the matter on 10.03.2017, however, on the next date as well he neither entered appearance in person, nor through counsel

The Court noticed that on 08.03.2017, the Registry had received a fax message from Justice Karnan seeking a meeting with the Chief Justice and the Judges of this Court, so as to discuss certain administrative issues expressed therein, which primarily seem to reflect the allegations levelled by him against certain named Judges. It was however said that the abovementioned fax message cannot be considered as a response of Shri Justice C.S.Karnan, either to the contempt petition, or to the notice served upon him.

The suo motu contempt proceedings were initiated against Justice Karnan after he had written letters to Prime Minister Narendra Modi, asking him to take actions against the corrupt sitting and retired judges of the Supreme Court and Madras High Court when he was a Judge of the Madras High Court and had passed an injunction against his own transfer orders. [n Re: Justice C.S. Karnan, 2017 SCC OnLine SC 238, order dated 10.03.2017]