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In Re: Hon’ble Mr. Justice C.S. Karnan

May 1, 2017
Suo Motu Contempt Petition (C) No. 1 of 2017

A. Contempt of Court — Contempt proceeding — Initiation of, against sitting Judge of Madras High Court — For showing disrespect to Apex Court and issuing orders against members of Bench — In view of his passing such orders, and making press statements, necessary directions issued for his medical examination doubting his medical condition


B. Earlier, direction had been issued by Apex Court directing him to refrain from handling any judicial or administrative work, as may have been assigned to him, in furtherance of office held by him — After initiation of proceedings, it was noticed that he has been expressing further disrespect to Apex Court — He has also been making press statements with abject impunity — After last order, he is stated to have issued, purported to be, judicial orders, against members of Bench and another Hon’ble Judge of Apex Court — Order therefore issued refraining all Courts, Tribunals, Commissions or Authorities, from taking cognizance of any orders passed by him — Tenor of press briefings and purported judicial orders passed by him, prima facie suggest, that he may not be in a fit medical condition, to defend himself — Considering same, Director Health Services, directed to constitute Board of Doctors to examine him and submit report — Contempt of Courts Act, 1971 — S. 2 — Constitution of India, Arts. 129 and 136

                                                                                           (Paras 2 and 3)

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(Jagdish Singh Khehar, C.J. and Dipak Misra, J. Chelameswar, Ranjan Gogoi, Madan B. Lokur, Pinaki Chandra Ghose and Kurian Joseph, JJ.)

 

In Re: Hon’ble Mr. Justice C.S. Karnan

 

Registrar General, High Court of Judicature at Madras ______ Petitioner

 

v.

 

Tamil Nadu Public Service Commission & Anr. ________ Respondent(s)

 

Suo Motu Contempt Petition (C) No. 1 of 2017 With Special Leave Petition (Civil) No. 14842 of 2015, decided on May 1, 2017

 

The Order of the court was delivered by

Order

 

Suo Motu Contempt Petition (C) No. 1/2017 :

 

1. While issuing notice to Shri Justice C.S. Karnan on 8.2.2017, this Court had directed, that Justice Karnan would forthwith refrain from handling any judicial or administrative work, as may have been assigned to him, in furtherance of the office held by him. He was also directed to immediately return all judicial and administrative files in his possession to the Registrar General of the High Court.

 

2. Ever since the initiation of these proceedings, he has been expressing further disrespect to this Court, he has also been making press statements with abject impunity. However, after the last order dated 31.3.2017, he is stated to have issued orders (purported to be judicial) against the members of this Bench, as also, another Hon’ble Judge of this Court. Those orders have been received in the Registry of this Court, and are part of the present compilation. In order to ensure, that no Court, Tribunal, Commission or Authority takes cognizance of the orders passed by Shri Justice C.S. Karnan, we hereby refrain all Courts, Tribunals, Commissions or Authorities, from taking cognizance of any orders passed by Shri Justice C.S. Karnan, after the initiation of the proceeding by us on 8.2.2017.

 

3. The tenor of the press briefings, as also, the purported judicial orders passed by Shri Justice C.S. Karnan, prima facie suggest, that he may not be in a fit medical condition, to defend himself, in the present proceedings. We therefore consider it appropriate, to require him to be medically examined, before proceeding further. We, accordingly, direct the Director Health Services, Government of West Bengal, to constitute a Board of Doctors from Pavlov Government Hospital, Kolkata, to examine Shri Justice C.S. Karnan, and submit a report to this Court whether or not Shri Justice C.S. Karnan is in a fit condition to defend himself. The above Board shall conduct the examination on 4.5.2017. The Director General of Police, West Bengal, shall constitute a team of police personnel, to assist the Medical Board, in carrying out the directions, recorded hereinabove.

 

4. The Medical Board shall submit its report to this Court, on or before 8.5.2017.

 

5. Shri Justice C.S. Karnan may, if he is so advised, furnish his response to the notice issued to him on 8.2.2017, in the meantime. In case he does not choose to file a response on or before 8.5.2017, it shall be presumed, that he has nothing to say in the matter.

 

6. Post on 9.5.2017, at 10.30 A.M., for further orders.

 

7. Shri R.S. Suri, Senior Advocate, and Shri Ajit Kumar Sinha, Senior Advocate, President and Vice President respectively, of the Supreme Court Bar Association, have made an oral request, that they may be allowed to intervene and assist this Court in the matter, given the importance of the issue. Prayer is allowed. The Supreme Court Bar Association, is permitted to intervene in the matter, and assist this Court, on the merits of the controversy.

 

Special Leave Petition (Civil) No. 14842/2015 :

 

8. Post on 9.5.2017, at 10.30 A.M., along with Suo Motu Contempt Petition (Civil) No. 1 of 2017.

 

SUO MOTU CONTEMPT PETITION (CIVIL) NO. 1 OF 2017

 

In Re: Honble Mr. Justice C.S. Karnan

 

WITH

 

SLP(C) No. 14842/2015

 

Date : 01/05/2017 These petitions were called on for hearing today.

 

(Before Jagdish Singh Khehar, C.J. and Dipak Misra, J. Chelameswar, Ranjan Gogoi, Madan B. Lokur, Pinaki Chandra Ghose and Kurian Joseph, JJ.)

 

For UOI Mr. Mukul Rohtagi, Attorney General for India

 

Ms. Madhavi Divan, Adv.

 

Ms. Ranjeeta Rohatgi, Adv.

 

For Petitioner(s) SLP(C)14842/2015 Mr. K.K. Venugopal, Sr. Adv.

 

Mr. Nikhil Nayyar, Adv.

 

Mr. Ankur Talwar, Adv.

 

Mr. N. Sai Vinod, Adv.

 

Ms. Smriti Shah, Adv.

 

Mr. Divyanshu Rai, Adv.

 

For Respondent(s) Mr. M. Yogesh Kanna. Adv.

 

Ms. Nithya, Adv.

 

Ms. Maha Lakshmi, Adv.

 

Mr. Partha Sarthi, Adv.

 

For Applicant(s) In IA 8 Ms. Uttara Babbar, Adv.

 

Ms. Akanksha Choudhary, Adv.

 

Intervenor Mr. Elephant G. Rajendran, Adv., In-person

 

UPON hearing the counsel the Court made the following

 

Order

 

9. The matters are directed to be listed on 9.5.2017, in terms of the signed order.

 

———

 

 

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