NEW DELHI: In an unprecedented move, the Supreme Court on Wednesday asked sitting Calcutta High Court judge Justice C S Karnan to appear before it in person and explain as to why contempt proceedings should not be launched against him.
A seven-judge Bench headed by Chief Justice J S Khehar also restrained Justice Karnan from undertaking judicial and administrative work.
Justice Karnan has written letters against the Madras HC Chief Justice which were addressed to the CJI, PM and others.
He was transferred from the Madras High Court to the Calcutta High Court for his alleged contemptuous conduct.
Earlier, the Registrar General of the Madras HC had stated that 12 files of the High Court were still with Justice Karnan and these were required to be returned along with the government accommodation which he has not vacated so far.
“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 apex court said.
“He is also directed to return all judicial and administrative files in his possession to the Registrar General of the High Court immediately,” said the Bench also comprising justices Dipak Misra, J Chelameswar, Ranjan Gogoi, M B Lokur, P C Ghose and Kurian Joseph.
It added, “Shree Justice C S Karnan shall remain present in person on next date to show cause.”
The issuance of contempt notice to Justice Karnan assumes significance as it is for the first time in the history of the Supreme Court that it has invoked powers to initiate contempt proceedings against a sitting judge of a High Court.
Attorney General Mukul Rohatgi referred to the nature of public communications allegedly undertaken by Justice Karnan and said they are slanderous and disparaging to the system of administration of justice.
The AG referred to Constitutional provisions and Article 129 and said the apex court can take judicial note of the matter and is empowered to pass such an order.
“It is the first time we will act against a sitting High Court judge and have to be very careful with what we settle as a precedent for times to come,” the apex court said. “We are receiving letters from him for a long time. Suppose if he denies writing letters, it will change the situation. We will have to hear him and we have to hear everyone,” the bench told the AG who was advocating strong action against Justice Karnan’s alleged misconduct and to protect the judiciary.