Justice Karnan 'sentences' CJI, 7 other SC judges to 5 years in jail


Kolkata, May 8 (PTI): Calcutta High Court judge Justice CS Karnan, who is facing contempt charges, on Monday "sentenced" Chief Justice of India JS Khehar and seven other judges of the Supreme Court to five years rigorous imprisonment.

In an escalation of his confrontation with the Supreme Court, Justice Karnan said the eight judges have "jointly committed the offences punishable under the SC/ST Atrocities Act of 1989 and amended Act of 2015."

He named members of the apex court's seven-judge bench, comprising the Chief Justice of India, Justices Dipak Misra, J Chelameswar, Ranjan Gogoi, Madan B Lokur, Pinaki Chandra Ghose and Kurian Joseph.

The bench had initiated suo motu (on its own) contempt proceedings against Justice Karnan and restrained him from performing judicial and administrative work.

Justice Karnan also added another Supreme Court judge Justice R Banumathi in the list against whom the order was passed for having restrained his judicial and administrative work along with CJI Khehar.

Justice Karnan had on May 4 declined to undergo a mental health checkup as ordered by the Supreme Court, telling a team of doctors he is "absolutely normal" and has a "stable mind".

Stating that the eight judges of the apex court have committed caste discrimination, Justice Karnan said they "shall be punished under the Scheduled Caste and Scheduled Tribes Atrocities Act, 1989."

He said that the eight judges "have operated judicial and adminstrative power and harassed a dalit judge besides insulting me at a public institution. The same has been proved beyond all the reasonable doubt from their orders.

"Hence, an adjudication is not required in the instant case," Justice Karnan said in his order from his makeshift court at his home in Rosedale towers, New Town here. In his order, Justice Karnan imposed sentences of five years each and a fine of Rs one lakh on three counts, under sub-sections (1)(m), (1)(r) and (1)(u) of Section 3 of the SC/ST Atrocities Act.

Justice Karnan directed that all the three sentences would run concurrently and said that if the fines were not paid, they would "undergo further six months of imprisonment."

He directed that the fine amount be "paid within a period of one week to the National Commission, Scheduled Caste and Scheduled Tribe Constitutional body, Khan Market, New Delhi from date of receipt of the order."

Justice Karnan also said that an order passed by him on April 13 directing the member Judges of the seven-judge bench to pay a fine of Rs 14 crore was in force and directed "the Registrar General attached to the Supreme Court to recover the said amount from the salary of each."

He also directed Justice Banumathi to pay a compensation of Rs two crore.

The apex court has taken suo motu cognisance of various letters written by Justice Karnan against judges of the Madras high court and the Supreme Court and restrained him from exercising administrative and judicial power from February 8.

Justice Karnan appeared before the Supreme Court on March 31 in connection with the contempt proceeding, becoming the first high court judge to do so in the history of Indian judiciary.

  

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Comment on this article

  • Dr Mohan Prabhu, LL.D, QC, Mangalore (Kankanady)/Ottawa, Canada

    Wed, May 10 2017

    This is high drama! First, SC bench, including CJI sentencing a High Court judge to six months for contempt of court - an unprecedented development, perhaps over-reaction by the SCI; now, the convicted High Court judge is sentencing the whole bench which sentenced him, plus another, to five years RI. What a farce they all are making of the judiciary itself! Scandal which only the likes of the PM of Turkey (perhaps, even Trump) are capable of with the stroke of a pen. Laughing stock, they all are, for the world witnessing. And this in the name of racial (dalit) prejudice. I remember more than 50 years ago, when I was still in India, the CJ of the Bombay High Court locked the doors of the Court in protest against government interference. May be it is time the shoe is made to fit the other way by some kind of "President's rule",

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  • Sachidanand Shetty, Mundkur/Dubai

    Tue, May 09 2017

    So....people like Lalu...is there everywhere even in higher Indian Courts too!!! Who is punishing whom? If a person like his caliber disobeying SC in the name of cast or sect means....we can imagine the other Office Managers condition

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  • Vincent Rodrigues, Katapadi/Frazer Town,Bangaluru

    Tue, May 09 2017

    Bad precedent reflecting our judiciary

    DisAgree Agree [1] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Tue, May 09 2017

    We will believe 5 years in jail only if they do not get bail ...

    DisAgree Agree [4] Reply Report Abuse

  • SAGAR LAKSHMI, MANGALORE

    Tue, May 09 2017

    Sadly we are reaping the dividends of reservation !

    DisAgree Agree [8] Reply Report Abuse

  • sri, Karkala

    Tue, May 09 2017

    I think president of India should dismiss that judge or just suspend for one year.
    Totally unprofessional way...

    DisAgree [5] Agree [6] Reply Report Abuse

  • Leslie, udupi

    Mon, May 08 2017

    Life is always tough on top...
    All know the fact...
    Justice may have a point...
    A strong and valid point...
    Calling someone mental is not a solution at all...
    At best it can be temporary threat or call for compromise...
    Go India go...
    Go deeper and find the dirty...

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  • SMR, karkala

    Mon, May 08 2017

    Many of us don't knothe mental state of Chief Justice Khehar.This is the perhaps first time in the history of India CJI is asking the Congress to hold 'Dharna' instead of seeking constitution validity.Here is how it unfolds;
    Fali Nariman and several newspaper editorials lambasted Goa governor Mridula Sinha for not calling the single largest party with a near decisive MLA tally. The matter went to the Supreme Court before Chief Justice Khehar. What he is reported to have said is astounding by any standard.

    “Where are your numbers? You could have finished the case in 30 seconds by showing they [BJP] don’t have the numbers. It seems you were not confident about the support you have. You should have asked the governor what nonsense she is doing and confidently said look we have the numbers. You should have sat on a dharna. You did nothing..You had the entire night [ever since moving the SC], the best time, to get affidavits ready or present your supporters before us…. You are putting us in the position of the governor. These things you should have stated before the governor,” he asked.
    The chief justice advised the Congress to hold a dharna before the governor instead of approaching the court. Chief Justice Khehar asked for an assembly test but should not have spoken as he did. It was politician talk. On March 18, this is precisely what the Congress did before the Raj Bhavan. It is true that the BJP went to the governor first. But the Congress had to be “called” as the largest party. That was the duty of the governor.
    There is no doubt that the BJP’s victory in UP and Uttarakhand was partly a result of anti-incumbency. In Uttarakhand, the Congress government was accused of corruption. The unconstitutional methods of removing it were rightly highlighted by chief justice K.M. Joseph of the Uttarakhand high court. And what happened to Justice Joseph? He was not elevated to the Supreme Court. K.M.Joseph lost to Khehar because he believe in constitutional rights.
    jai Hind

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  • Swamy, Mangalore

    Mon, May 08 2017

    Now in India if you are a honest, law abiding, fiercely patriotic citizen you will be called "Mentally Unstable" or Anti national" . Never before since the past 70 years.

    DisAgree [4] Agree [21] Reply Report Abuse


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Title: Justice Karnan 'sentences' CJI, 7 other SC judges to 5 years in jail



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