Contempt Of Court

IN RE: HON’BLE MR. JUSTICE C.S. KARNAN

Ever since the initiation of these proceedings, he has been expressing further disrespect to this Court, he has also been making press statements with abject impunity. However, after the last order, he is stated to have issued orders  against the judges of Supreme Court, the Court direct the Director Health Services, Government of West Bengal, to constitute a Board of Doctors from Pavlov Government Hospital, Kolkata, to examine Shri Justice, and submit a report to this Court whether or not Shri Justice is in a fit condition to defend himself.

SUPREME COURT OF INDIA

FULL BENCH

( Before : Jagdish Singh Khehar, CJI., Dipak Misra, J. Chelameswar, Ranjan Gogoi, Madan B. Lokur, Pinaki Chandra Ghose and Kurian Joseph, JJ. )

IN RE: HON’BLE MR. JUSTICE C.S. KARNAN

Suo Motu Contempt Petition (C) No.1 of 2017

Decided on : 01-05-2017

Contempt of Courts Act, 1971 – Section 12, Section 16

Counsel for Appearing Parties

Mukul Rohtagi, Attorney General for India, Ms. Madhavi Divan, Ms. Ranjeeta Rohatgi, Advocates, for the UOI; K.K. Venugopal, Sr. Adv., Nikhil Nayyar, Ankur Talwar, N. Sai Vinod, Ms. Smriti Shah, Divyanshu Rai, Advocates, for the Petitioners SLP(C)14842 of 2015.; M. Yogesh Kanna, Ms. Nithya, Ms. Maha Lakshmi, Partha Sarthi, Advocates, for the Respondents; Ms. Uttara Babbar, Ms. Akanksha Choudhary, Advocates, for the Applicants In IA 8; Elephant G. Rajendran, In-person, for the Intervenor

ORDER

Suo Motu Contempt Petition (C) No.1/2017 :

While issuing notice to Shri Justice C.S. Karnan on 8.2.2017, this Court had directed, that Justice Karnan would forthwith refrain from handling any judicial or administrative work, as may have been assigned to him, in furtherance of the office held by him. He was also directed to immediately return all judicial and administrative files in his possession to the Registrar General of the High Court.

2. Ever since the initiation of these proceedings, he has been expressing further disrespect to this Court, he has also been making press statements with abject impunity. However, after the last order dated 31.3.2017, he is stated to have issued orders (purported to be judicial) against the members of this Bench, as also, another Hon’ble Judge of this Court. Those orders have been received in the Registry of this Court, and are part of the present compilation. In order to ensure, that no Court, Tribunal, Commission or Authority takes cognizance of the orders passed by Shri Justice C.S. Karnan, we hereby refrain all Courts, Tribunals, Commissions or Authorities, from taking cognizance of any orders passed by Shri Justice C.S. Karnan, after the initiation of the proceeding by us on 8.2.2017.

3. The tenor of the press briefings, as also, the purported judicial orders passed by Shri Justice C.S. Karnan, prima facie suggest, that he may not be in a fit medical condition, to defend himself, in the present proceedings. We therefore consider it appropriate, to require him to be medically examined, before proceeding further. We, accordingly, direct the Director Health Services, Government of West Bengal, to constitute a Board of Doctors from Pavlov Government Hospital, Kolkata, to examine Shri Justice C.S. Karnan, and submit a report to this Court whether or not Shri Justice C.S. Karnan is in a fit condition to defend himself. The above Board shall conduct the examination on 4.5.2017. The Director General of Police, West Bengal, shall constitute a team of police personnel, to assist the Medical Board, in carrying out the directions, recorded hereinabove.

4. The Medical Board shall submit its report to this Court, on or before 8.5.2017.

5. Shri Justice C.S. Karnan may, if he is so advised, furnish his response to the notice issued to him on 8.2.2017, in the meantime. In case he does not choose to file a response on or before 8.5.2017, it shall be presumed, that he has nothing to say in the matter.

6. Post on 9.5.2017, at 10.30 A.M., for further orders.

7. Shri R.S. Suri, Senior Advocate, and Shri Ajit Kumar Sinha, Senior Advocate, President and Vice President respectively, of the Supreme Court Bar Association, have made an oral request, that they may be allowed to intervene and assist this Court in the matter, given the importance of the issue. Prayer is allowed. The Supreme Court Bar Association, is permitted to intervene in the matter, and assist this Court, on the merits of the controversy.

Special Leave Petition (Civil)No.14842/20155 :

1. Post on 9.5.2017, at 10.30 A.M., along with Suo Motu Contempt Petition (Civil) No.1 of 2017.

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