Supreme Court’s suo-moto cognizance against a sitting Judge marks first of its kind
Justice Karnan was transferred from Madras High Court to Calcutta High Court due to his insolent conduct and thereby processed that no Judicial work is to be assigned. A suo motu contempt was charged on Justice Karnan.
Read: Suo-motu contempt — If anyone in any form tries to disrespect the court proceedings, or, in any form TRY to overrule, interfere with court proceedings, bench can take suo motu against him or institute.
The bench was headed by Chief Justice of India J.S. Khehar and Justices Dipak Misra, J Chelameswar, Ranjan Gogoi, MB Lokur, PC Ghose and Kurian Joseph.
On the hearing, Justice Karnan did not appear rather a controversial letter written to Prime Minister appeared before the bench on 13th February hearing which states that the court is undergoing corruption basis contempt on sitting and retired judges and in his case victimised for being a ‘Dalit’ and wishes to refer the matter to the parliament for the contempt proceeding were ‘not sustainable’.
He said, ‘Before obtaining any explanation from me, I wish to state that the Courts have no power to enforce punishment against a sitting judge of the High Court. The said order does not conform to logic, therefore it is not suitable for execution’.
Attorney General has referred Justice Karnan’s nature of public communications as ‘slanderous’ and ‘disparaging’.
However, the Judge proclaimed to be under contemp states that order implicated was ‘erroneous’ and caused ‘mental frustration resulting in loss of his mental balance’
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