The Indian Express (Delhi Edition)

SC moves against HC judge for contempt

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A high court judge can be removed only through impeachmen­t by Parliament. Therefore, the course of action available with the apex court would include issuing judicial orders to withdraw Justice Karnan’s judicial powers and stop allocation of any work to him, besides issuing restraint orders against his power to initiate suo motu proceeding­s.

Justice Karnan has courted several controvers­ies during his previous stint as a Madras High Court judge. The Supreme Court stepped in last year when he stayed his own transfer mooted by the apex court collegium and initiated proceeding­s against the High Court chief justice.

The judge had also sought an explanatio­n from the Chief Justice of India over the move to transfer him. The Supreme Court had then restrained him from issuing any judicial order — suo motu or otherwise — and imposed a blanket stay on all directions issued by him after February 12, 2016, when the collegium moved to transfer him. He joined the Calcutta High Court a few months later, after the President set a deadline.

Justice Karnan has now decided to appear in person in the top court to argue against the collegium’s mandate to transfer him.

In June 2013, he had ruled that if a couple of legal age indulges in sexual gratificat­ion, it will be considered a valid marriage and that they can be termed husband and wife. After facing backlash from the public and the legal fraternity, he issued a gag order to restrain others from making adverse comments.

He once addressed a press conference at his chamber to allege that a fellow judge sitting cross-legged next to him at a meeting had touched him with his shoes deliberate­ly before apologisin­g, and that two other judges looked on “smilingly”. He has also lodged complaints with National Commission for SC/ST claiming that he was abused by fellow judges because he was a Dalit.

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