A seven-judge Supreme Court Bench led by Chief Justice of India J.S. Khehar on Monday ordered that controversial Calcutta High Court judge, Justice C.S. Karnan, be medically examined by a board of doctors on May 4 in a bid to confirm the possibility of the judge "feigning mental imbalance". The court directed the Medical Board to submit their report on or before May 8, and scheduled a hearing on May 18.
The Bench also ordered the DGP of West Bengal to depute police personnel for the purpose.
The order was prompted by Justice Karnan's recent 'purported judicial order' directing the CJI and seven Supreme Court judges to appear before him on May 1, 2017.
The order, Attorney-General Mukul Rohatgi termed, was a "gross aggravation of contempt of the Supreme Court".
Justice Karnan passed the order in violation of the seven-judge Bench order on February 8, 2017, order directing him to refrain from judicial and administrative work during the pendency of the current contempt proceedings.
The seven-Judge Bench said they are conscious of Justice Karnan's order against them and it only proved that he is not fit to defend himself in the contempt of court proceedings.
The Bench, also comprising Justices Dipak Misra, J. Chelameswar, Ranjan GogoI, P.C. Ghose and Kurian Joseph, disagreed with senior advocate K.K. Venugopal's advice that Justice Karnan is retiring in June and the contempt hearing should be deferred presently.
"Justice Karnan's letters are so atrocious, so unbelievable that a reasonable man would think he has lost his senses. Please allow him to retire if he is not a person to be taken seriously and is not in a position to defend himself. Fortunately he retires in June. Meanwhile, he needs counselling. Nothing you will pass here will deter him," Venugopal submitted.
"But then anybody can play this trick on us. Say whatever they want against the judiciary and feign mental imbalance. If he is feigning mental imbalance, he will have to face the consequences. We must deal with this so that it will not happen again," Chief Justice Khehar replied to Venugopal.
Rohatgi differed with Venugopal, saying the court cannot "duck its responsibility" by letting him retire in June. Public confidence in judiciary would take a free fall. "If you duck, people will say a 'judge escaped'," Rohatgi submitted.
SC orders for medical examination of Justice Karnan
By IndianMandarins - 2017-05-01 12:37:49
A seven-judge Supreme Court Bench led by Chief Justice of India J.S. Khehar on Monday ordered that controversial Calcutta High Court judge, Justice C.S. Karnan, be medically examined by a board of doctors on May 4 in a bid to confirm the possibility of the judge "feigning mental imbalance". The court directed the Medical Board to submit their report on or before May 8, and scheduled a hearing on May 18.
The Bench also ordered the DGP of West Bengal to depute police personnel for the purpose.
The order was prompted by Justice Karnan's recent 'purported judicial order' directing the CJI and seven Supreme Court judges to appear before him on May 1, 2017.
The order, Attorney-General Mukul Rohatgi termed, was a "gross aggravation of contempt of the Supreme Court".
Justice Karnan passed the order in violation of the seven-judge Bench order on February 8, 2017, order directing him to refrain from judicial and administrative work during the pendency of the current contempt proceedings.
The seven-Judge Bench said they are conscious of Justice Karnan's order against them and it only proved that he is not fit to defend himself in the contempt of court proceedings.
The Bench, also comprising Justices Dipak Misra, J. Chelameswar, Ranjan GogoI, P.C. Ghose and Kurian Joseph, disagreed with senior advocate K.K. Venugopal's advice that Justice Karnan is retiring in June and the contempt hearing should be deferred presently.
"Justice Karnan's letters are so atrocious, so unbelievable that a reasonable man would think he has lost his senses. Please allow him to retire if he is not a person to be taken seriously and is not in a position to defend himself. Fortunately he retires in June. Meanwhile, he needs counselling. Nothing you will pass here will deter him," Venugopal submitted.
"But then anybody can play this trick on us. Say whatever they want against the judiciary and feign mental imbalance. If he is feigning mental imbalance, he will have to face the consequences. We must deal with this so that it will not happen again," Chief Justice Khehar replied to Venugopal.
Rohatgi differed with Venugopal, saying the court cannot "duck its responsibility" by letting him retire in June. Public confidence in judiciary would take a free fall. "If you duck, people will say a 'judge escaped'," Rohatgi submitted.
