KOLKATA: In a move probably unprecedented in the country’s legal history,
Justice C S Karnan of the
Calcutta high court
said on Thursday that he has passed an order asking Chief Justice of India J S Khehar and six other judges of the
Supreme Court to appear before him at his residential court in Kolkata on April 28.
CJI
Khehar and the six other judges had earlier
initiated contempt proceedings against
Justice Karnan and summoned him to appear before them on March 31. The seven-judge constitutional bench had also issued a bailable arrest warrant against Justice Karnan.
Justice Karnan. “On 28.04.2017 at 11.30am, the Hon’ble seven judges as mentioned above will appear before me at my Rosedale Residential Court and give their views regarding quantum of punishment for the violation of the Scheduled Castes and Scheduled Tribes Atrocities Act,” Justice Karnan told reporters.
The ‘suo motu judicial order’ was passed from his residence which, the judge said, has now become his “makeshift court at Rosedale, New Town, Kolkata - 700160”. Justice Karnan also told reporters that the seven judges comprising the bench that initiated contempt proceedings against him insulted him “wantonly and deliberately and with mala fide intention”.
In his signed order, Justice Karnan has stated that on March 31 he had “pronounced a judgement wherein the Hon’ble seven judges are accused under the Scheduled Castes and Scheduled Tribes Atrocities Act, 1989. Justice Karnan’s order further states that the CJI had raised a question regarding his mental health on March 31 and this was endorsed by the six other judges in the bench. The seven judges had insulted him by raising this question in the the open apex court, Justice Karnan claimed.
Karnan claimed. “The CJI also mentioned to me that I am not having a clear mind, hence the suo motu contempt proceeding is being adjourned for four weeks so I may clear my mind. This is an additional big insult to me in the open apex court and the same was endorsed by the six other Hon'ble judges,” Justice Karnan added.
This extraordinary tussle had started a few months ago after Justice Karnan had written letters to the CJI and Prime Minister, alleging that seven high court judges were corrupt. This had prompted the Supreme Court to initiate contempt proceedings against him.
After Justice Karnan spoke out against this, his judicial and administrative powers were withdrawn and he was asked to appear before the constitutional bench. When he refused to comply, the Supreme Court issued that warrant and directed the director general of police, West Bengal to execute it to ensure Justice Karnan’s presence before the bench on March 31.
Justice Karnan did appear before the constitutional bench on March 31 but reiterated his charges against the seven judges. He also sought restoration of his judicial and administrative powers which wasn’t granted.
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