Need to ensure court’s dignity is not compromised
Khehar and other SC judges by a board of doctors and direction to Air Control Authority, to stop eight SC judges from travelling abroad.
All this despite the SC stripping Justice Karnan, of his judicial and administrative work and powers in the past. These developments have not just seriously dented the image of judiciary as a institution but has also lowered the image of judges.
Attorney General of India, Mukul Rohatgi, has gone to the extent of pleading that justice Karnan has made judges a laughing stock.
While there is a pattern in the judicial indiscipline, shown by Justicekarnan in2011hecalled Madras HC judge of discrimination, in 2015 charged his other Madras HC judges of corruption and misuse of judicial office- his actions are unparalleled.
There have been recent instances of Justice Dinakaran and Justice Soumitro Sen also that have troubled the judiciary.
Even though the Constitution of India recommends impeachment by Parliament to deal with situations like these – the SC has taken a different route - contemplating suo motu action against Justice Karnan for lowering the image of the judiciary.
But the question that needs to be answered is – what is the best way to discipline judges and deal with their indiscretions and is method to deal with erring judges?
While Justice Karnan’s case offers an opportunity to look for solutions in this direction, the case is not a simple one, caste equations have been dragged into it. Justice Karnan not only refuses to withdraw his allegations but insists on dragging in his Dalit identity to play the victim.
Moreover, this problem could not have come at a worse time for the judiciary which is engaged in a tug-of-war with the executive who want a say in the appointment of judges. There are serious apprehensions that this case will be used by the executive to bargain for a say in the appointment
While the judges contemplate making Justice Karnan an example for future indiscre tions, there has to be a better way out this problem, so that every time the case comes for hearing in the SC, the dignity of the cour is not compromised by a defian judge.
Besides a quiet burial to the case – which allows Justice Kar nan to retire in June- and results in closure of the case, some seri ous out of box thinking is needed to deal with situations like this in future. Probably the judges can take a leaf out of the ways of the former Chief Justice of India who used the moral authority o his office to deal with controver sial judges like Arun Madan and