TIDBITS

SC draws up a contempt case against Kolkata HC judge; hearing today

By IndianMandarins- 08 Feb 2017
409

sc-draws-up-a-contempt-case-against-kolkata-hc-judge-hearing-today Strange as it may seem, for the first time in its history, the Supreme Court has been constrained to initiate a suo motu contempt proceeding against a high court judge for leveling allegations of corruption in writing against several sitting and retired SC and high court judges. The unprecedented move may see the seven senior-most judges of the Supreme Court, including the Chief Justice of India, drawing up and hear contempt proceedings against Calcutta High Court judge C S Karnan, on Wednesday (that's today). Other judges on the bench are Justices Dipak Misra, J Chelameswar, Ranjan Gogoi, Madan B Lokur, P C Ghose and Kurian Joseph. The judges, it is understood, have taken note of various letters and statements of Justice Karnan and would initiate proceedings on that basis. A fortnight ago, Justice Karnan had urged Prime Minister Narendra Modi in an open letter to take action against what he described as "high corruption at the judiciary". In his letter dated January 23, the judge, in what he called "an initial list of corrupt judges," named 20 judges of the Supreme Court and high courts. A high court judge can be removed only through impeachment by Parliament. Therefore, the course of action available to the apex court may include issuing judicial orders to withdraw Justice Karnan's judicial powers and stop allocation of any work to him, besides issuing restraint orders against his power to initiate suo motu proceedings. According to an Indian Express report, Justice Karnan has courted several controversies during his previous stint as a Madras High Court judge. The Supreme Court stepped in last year when he stayed his own transfer mooted by the apex court collegium and initiated proceedings against the High Court chief justice. The judge had also sought an explanation from the Chief Justice of India over the move to transfer him. The Supreme Court had then restrained him from issuing any judicial order - suo motu or otherwise - and imposed a blanket stay on all directions issued by him after February 12, 2016, when the collegium moved to transfer him. He joined the Calcutta High Court a few months later after the President set a deadline. Justice Karnan has now decided to appear in person in the top court to argue against the collegium's mandate to transfer him. According to media reports, in June 2013, he had ruled that if a couple of legal age indulges in sexual gratification, it will be considered a valid marriage and that they can be termed husband and wife. After facing a backlash from the public and the legal fraternity, he issued a gag order to restrain others from making adverse comments. He once addressed a press conference in his chamber to allege that a fellow judge sitting cross-legged next to him at a meeting had touched him with his shoes deliberately before apologising, and that two other judges looked on "smilingly". He has also lodged complaints with National Commission for SC/ST claiming that he was abused by fellow judges because he was a Dalit.

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