Justice Karnan apologises to Supreme Court, then adds a rider

NEW DELHI: Calcutta high court’s Justice C S Karnan ended his defiance on Friday and appeared before the Supreme Court in the contempt proceedings but presented a vacillating stand — sometimes ready to apologise but at other times daring the apex court to send him to jail.
As the bench of CJI J S Khehar and Justices Dipak Misra, J Chelameswar, Ranjan Gogoi, Madan B Lokur, Pinaki C Ghose and Kurian Joseph assembled, Karnan handed over a two-page letter.
As disclosed by the bench, Justice Karnan’s March 27 letter indicated his willingness to withdraw the complaint sent to the PM and the CJI levelling corruption charges against 20 sitting and retired judges of the SC and HC and apologise unconditionally. But the intention to apologise appeared to have evaporated as Justice Karnan began reiterating his allegations against sitting judges of Madras HC. “I am not fighting against judiciary but the corrupt people in it. I am not fighting for personal gain but for judiciary’s reputation. And for this, I faced social boycott because I belong to Dalit community,” he said.
Finding him agitated and raising his voice, Justice Chelameswar attempted to counsel Justice Karnan to take the advice of a lawyer. “It is never advisable to argue your own case.” Justice Misra then tried to persuade Justice Karnan, saying, “If you want to tender an unconditional apology, the matter ends there. In the letter you say so.”
But Justice Karnan said he would apologise only if the SC restored his judicial and administrative work. This pre-condition for tendering apology was not acceptable to the SC, which asked him to file his reply affidavit to the contempt charges in four weeks. It also directed him to remain present in court on May 1, the next date of hearing.
This infuriated Justice Karnan who loudly said unless his judicial functions were restored, he would not respond to the court’s notice.
Before getting up to signal the end of proceedings, the CJI said the vacillating and unreasonable stand taken by Justice Karnan made him feel that the HC judge was not in a position to comprehend the questions and their gravity.
“If you (Justice Karnan) feel, this is just a suggestion, that you are mentally not fit to respond to the questions from the bench, you give us a medical certificate,” the CJI said.
After the judges got up and started going out of the court, Justice Karnan shouted, “Put me in jail. I will not respond again if my judicial work is not restored.”
Later, Justice Karnan made available typed copies of the purported order he passed taking away judicial powers of the seven judges who constituted the benchand directed the registrar general not to assign them any judicial work.