‘Contempt Is A Justifiable Choice Against Justice Karnan’

A seven-judge bench of the Supreme Court on Wednesday issued notice to Calcutta High Court Judge CS Karnan, asking him to appear in person on February 13 in the suo motu proceedings initiated against him by the apex court. The bench also directed Justice Karnan to withdraw from all legal and administrative work and return all the files to the high court.

Bloomberg Quint spoke with senior advocates on the outcome of this unprecedented development.

Senior advocate Aman Lekhi said that Justice Karnan's was a singularly aberrant conduct, which demanded a curative. The Supreme Court, he added, is wholly justified in initiating that step. No person, least of all a judge, can become law unto himself, he said.

It is unprecedented and unfortunate that contempt proceedings have been initiated against a sitting high court judge, senior advocate Arvind Datar said.

“It is public knowledge that the judge in question has been making shocking allegations of corruption against other judges, some of whom are in the Supreme Court. The judge was transferred to the Calcutta High Court hoping that it will have a sobering effect but that didn't happen,” Datar added.

The highest court has decided that no matter who you are, there has to be obedience of law and judicial discipline, senior advocate Gopal Jain said.

“Once a court has passed an order, you must comply with it. You can't be a judge in your own cause. So the court has sent out a strong message by saying no administrative or judicial work should be allocated to him. Anybody who falls out of line, the apex court will bring them in line -- doesn't matter whether you're a litigant or a judge,” he added.

Attorney General Mukul Rohatgi argued in the Supreme Court that the allegations are not regarding any transaction, but they are public communications, which are disparaging, to say the least, and bring disrepute to the system of administration of justice.