Calcutta High Court's controversial judge Justice C S Karnan today did not appear before the Supreme Court which had sought his physical presence to show cause as to why suo motu contempt proceedings should not be initiated against him.
A seven-judge bench headed by Chief Justice J S Khehar, which had forthwith restrained Justice Karnan from undertaking judicial and administrative work on February 8, however, did not agree with Attorney General Mukul Rohatgi that contempt charges may be framed against him today itseslf in his absence and decided to grant three more weeks to him to show cause.
"Moreover, no lawyer has been appointed by him to represent him today," the bench said.
Also Read
The bench, also comprising Justices Dipak Misra, J Chelameswar, Ranjan Gogoi, M B Lokur, P C Ghose and Kurian Joseph, said as the "consequences are grave", it would like to "ask him (Justice Karnan) some questions and hear his responses".
"Despite the notice, Justice C S Karnan has not put in his appearance. Moreover, no lawyer has been appointed by him to represent him today. We are not aware of the reasons for his non-appearance. We, therefore, refrain from proceeding with the matter," it said while fixing the matter for hearing on March 10.
In the proceedings held in a packed CJI's courtroom, the bench also took on record Justice Karnan's recent letter to the Registrar General of the apex court on February 10 after issuance of the show cause notice.
Justice Karnan had reportedly played the Dalit card in the fresh communication and asked the Supreme Court to refer the matter to Parliament, contending that the contempt proceedings were "not sustainable".
"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," he has said in the letter.
The apex court had last week turned the alleged open contemptuous letters written by Justice Karnan against the Madras HC Chief Justice, addressed to the CJI, Prime Minister and others, into contempt proceedings against him.
In a related development, a bench of Justices Arun Mishra and D Y Chandrachud today referred to the seven-judge bench the separate plea filed by the Registrar General of Madras High Court against the order passed by Justice Karnan staying his own transfer from Madras to Calcutta High Court.
During the hearing, the bench was irked when some lawyers
including Mathew J Nedumpara start arguing in the matter.
Nedumpara said Justice Karnan was in distress and needed counselling.
"Has Justice Karnan authorised you (Nedumpara) to appear? Please answer the question. Has he authorised you? You always interfere with the court proceedings," the bench said, adding no lawyer can be allowed to argue unless authorised and warned that they will be proceeded against under the law for interfering with the judicial process.
Senior advocate K K Venugopal, appearing for the Registrar General of the Madras HC, said the High Court judges needed protection from Karnan's verbal abuse and wild charges.
He said the judge concerned had levelled malicious rape charges against a sitting Madras High Court judge.
At the outset, Rohatgi, who opened the arguments, raised the issue of non-appearance of Justice Karnan despite service of the court notice and said no application seeking exemption from personal appearance has been filed either.
He then referred to the February 10 letter of Justice Karnan and said it also contained objectionable contents which have been widely published in media.
"This court has to see that the public confidence in the judicial system is maintained," he said, favouring framing of contempt charges in the absence of the judge.
The apex court, on February 8, had asked Justice Karnan to appear in person and explain why contempt proceedings should not be initiated against him. It had restrained him from undertaking judicial and administrative work.
"Issue notice to Justice C S Karnan. Returnable on February 13. Shree Justice C S Karnan shall forthwith refrain from handling any judicial or administrative work as may have been assigned to him," the court had said.
Rohatgi had referred to the nature of public letters allegedly undertaken by Justice Karnan and said they are "slanderous" and "disparaging" to the system of administration of justice.
Justice Karnan was transferred from the Madras HC to the Calcutta HC for his alleged contemptuous conduct. He had on February 15, 2016 stayed his transfer order after the apex court asked the Chief Justice of Madras High Court not to assign any judicial work to him.
The same day the apex court had suspended Justice Karnan's order and made it clear that all administrative and judicial orders passed by him after the issuance of the proposal of his transfer from the Madras High Court to the Calcutta High Court shall remain stayed till further orders.
However, a week later, the judge had said that he had issued an "erroneous" order due to his "mental frustration resulting in loss of his mental balance".
