Case Briefing: IN RE V. HONBLE MR JUSTICE C.S. KARNAN
The case is IN RE V. HONBLE MR JUSTICE C.S. KARNAN, decided on 9 May 2017, and cited as 2017 INSC 455. The matter was heard by a Seven Judge Bench of the Supreme Court of India. The Justices presiding were Chief Justice Jagdish S. Khehar, Justice Dipak Misra, Justice Jasti Chelameswar, Justice Ranjan Gogoi, Justice Madan B. Lokur, Justice Pinaki C. Ghose, and Justice Kurian Joseph.
Question Presented
The primary question before the Supreme Court was: Whether Justice Chinnaswamy S. Karnan (Judge of the High Court of Madras, and High Court of Calcutta) is guilty of contempt of Court.
Factual Background
The case originated in 2015 when Justice Karnan was a sitting judge of the Madras High Court. He began leveling a series of corruption allegations against various judges of the Madras High Court. Specifically, he sent letters to the highest executive and judicial authorities alleging that the academic certificates of a newly appointed judge were fake. He also accused two other judges of not acting independently and claimed that the Chief Justice of the Madras High Court discriminated against him. Furthermore, he asserted he was subjected to ragging and ridicule by his fellow Madras High Court judges due to his caste.
Justice Karnan also initiated suo-motu writ proceedings, utilizing them to stay administrative orders passed by the Chief Justice of the Madras High Court. Following these events, Justice Karnan was transferred to the Calcutta High Court on February 12, 2016.
In light of his persistent public allegations against numerous judges and the issuance of orders without legal sanction or justification, the Seven Judge Bench of the Supreme Court initiated suo-motu contempt proceedings against Justice Karnan on February 8, 2017.
Conduct After Initiation of Contempt
Despite receiving the contempt notice from the Supreme Court, Justice Karnan’s defiance escalated. He continued to pass orders in suo-motu proceedings, including staying orders passed by the Supreme Court.
In a highly unusual move, Justice Karnan wrote a letter demanding that the seven Supreme Court judges presiding over the contempt proceedings pay him a sum of ₹14 crores as compensation. He alleged that these judges had disturbed his peace of mind, disrupted his normal life, and publicly insulted him due to their purported lack of legal knowledge.
Justice Karnan also took judicial action against the Bench, issuing an order restraining the seven judges from traveling abroad and further sentencing them to five years of imprisonment under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“SC/ST Act”). He also ordered the registration of a case under the SC/ST Act against all seven members of the Bench.
Decision and Holding
The Seven Judge Bench of the Supreme Court found Justice Karnan guilty of contempt. The Court sentenced him to six months imprisonment.
The judgment of the Court was authored by Chief Justice Khehar, with Justice Chelameswar writing a separate concurring judgment for himself and Justice Gogoi.
Rationale and Reasoning
The Court held that the conduct of Justice Karnan constituted criminal contempt, as it both scandalized the court and interfered with the administration of justice.
Malicious and Unsubstantiated Allegations: The Supreme Court determined that the numerous allegations leveled by Justice Karnan against various judges were malicious and defamatory. These allegations were found not to be supported by any material. Justice Chelameswar separately noted that Justice Karnan was in the habit of making vague and incoherent allegations against his colleagues and Chief Justices of the Madras High Court. Justice Chelameswar stressed that Justice Karnan’s frequent and serious public accusations undoubtedly tarnished the reputation of targeted judges and the Madras High Court, thereby undermining the credibility of the judiciary. His letters, directed to the highest constitutional authorities across the branches of governance, were found to be ridiculing the judiciary.
Violation of Fundamental Legal Principles: Justice Chelameswar observed that Justice Karnan appeared unaware of the fundamental legal principle that a complainant cannot be a judge in their own complaint. Justice Karnan repeatedly issued orders, in what he claimed was his judicial capacity, instructing state authorities to take legal action against Madras High Court judges based solely on his own allegations.
Persistent Defiance and Interference: The Supreme Court noted that during the hearing of the contempt proceedings, Justice Karnan’s ridicule of the Supreme Court persisted and even intensified, evidenced by him defying court orders. Justice Chelameswar held that Justice Karnan’s conduct in passing various orders after the initiation of the suo-motu proceedings left no doubt that he interfered with the judicial proceedings of the Supreme Court. Such conduct, Justice Chelameswar concluded, undermines public confidence in the judicial system.
Justice Chelameswar also noted that Justice Karnan accused the Supreme Court Bench of bias and asserted that the contempt proceedings were malicious and violated the SC/ST Act because Justice Karnan belonged to the Dalit caste.
Case: IN RE vs HONBLE MR JUSTICE C.S. KARNAN SMC(C) No. 1/2017
