High Court judge called to SC on contempt charge

In an unprecedented order, a seven-judge constitution bench of the Supreme Court on Wednesday issued contempt notice to a Calcutta High Court judge and asked him to be present before it next Monday to explain his conduct. C S Karnan shall not handle any judicial or administrative work till further orders. He shall also return the files reportedly carried away by him while he was in Madras High Court and return them to the registrar of the Calcutta High Court.
 
The bench presided by Chief Justice J S Khehar took suo motu action against the judge who has taken several controversial steps while he was in Madras High Court. The Supreme Court observed this was a first of its kind and it would be careful in dealing with the case as it would have vast consequences. The bench passed the order after hearing Attorney General Mukul Rohtagi who submitted that the high court judge had written slanderous and disparaging communications to high-level authorities. He said the Supreme Court has ample powers under the Constitution to take action against the judge. "This court has to set an example when it comes to administration of justice," Rohtagi stressed.

 
The immediate provocation seems a letter Karnan is said to have written, making allegations against Madras Chief Justice and judges of Supreme Court. The letter was addressed to the Chief Justice of India, the prime minister, and other dignitaries, and is reported to have made the rounds in social media. There is one petition against the judge already pending in the Supreme Court. Last February, Karnan allegedly shouted at the registrar of Madras High Court and is said to have embarrassed the high court Chief Justice. Following this, he was transferred to the Calcutta High Court. But he stayed his own transfer and questioned the decision of the collegium of judges. The Supreme Court had directed the Madras Chief Justice not to allot any work to him. When he went to Calcutta, he took several files from the Madras High Court. On Wednesday, the Supreme Court asked him to hand over those files to Calcutta High Court registrar.

 
He had recently wanted to argue his case in the Supreme Court himself. In one of his letters to the Supreme Court judges he had admitted that his earlier order on transfer was the result of "mental frustration resulting in the loss of mental balance." What the Supreme Court can do in such a situation is a constitutional enigma. Under the constitution the only way to remove a high court judge is to impeach him with two-third majority in Parliament. This has not happened so far as the situations which came close to it were averted politically or by the judges themselves.