SC issues warrant, justice Karnan orders CBI probe
Calcutta high court judge CS Karnan on Friday signed an order directing the Central Bureau of Investigation to “register, investigate and file a report before the appropriate court under Article 226 read with Section 482 of CrPC to prevent abuse of process of any court .... ” This was in response to a a warrant order issued by a bench headed by CJI JS Khehar.
In an unprecedented order the Supreme Court issued on Friday a bailable warrant against sitting Calcutta high court justice CS Karnan for ‘ignoring’ summons to appear before it.
A seven-judge bench, headed by chief justice of India JS Khehar, issued the order and sought Karnan’s presence before it on March 31.
Justice Karnan had to appear before the court in a contempt case on Friday, but had ignored an earlier court summon. He is the first serving judge against whom an arrest warrant has been issued.
At a press conference—convened two hours after the SC order was issued—Justice Karnan hit back at the top court for passing an “unconstitutional” order. He accused the judges of “attempting to ruin” his life because he was a dalit.
“I am being targeted as Ia ma dalit. This is a caste issue. The order has been deliberately issued against me. This is an attempt to ruin my life. The warrant is unconstitutional,” Karnan told the newsmen in Kolkata.
In its Friday’s order, the apex court said the judge’s presence was imperative for further course of action and ordered the Director General of West Bengal police to execute the warrant, amounting to ₹10,000, personally. Justice Karnan can furnish a bond before the police and get bail. He, however, has to give undertaking to appear before the court and if he fails to do so then the court would be compelled to issue arrest warrant.
Justice Karnan had, however, sent a letter to the CJI asking him to restore his judicial and administrative powers, which the bench rejected. He had also sent a fax to the apex court registry on March 8, seeking a meeting with the CJI to discuss administrative issues. The CJI said the fax cannot be termed as a response to the notice.
The SC had on February 8 issued contempt notice to the controversial judge who had accused several judges of the Madras high court -- where he had earlier served -- and a SC judge of corruption, nepotism and casteism. He was directed to appear on February 13, which Justice Karnan did not obey.
Instead, he wrote a letter questioning the contempt proceedings against him. According to the judge, only Parliament had the power to initiate action against a sitting high court judge by way of an impeachment motion. Yet, the constitution bench gave him another chance, albeit with a warning.
“We will give him one more opportunity. We want to hear him before framing charges,” the bench said after attorney general Mukul Rohatgi suggested the court to go ahead with the proceedings in his absence.
In his earlier letter, justice Karnan has said the contempt action against him “is erroneous and has been willfully and wantonly passed with malafide intention”.
APEX COURT ISSUES WARRANT AGAINST CALCUTTA HC JUDGE FOR ‘IGNORING’ SUMMONS AND ASKS POLICE CHIEF TO EXECUTE THE WARRANT PERSONALLY