Another first in India’s judicial history
The dam of patience that kept the Supreme Court’s seven-judge bench from taking action strong against Justice CS Karnan, the sitting judge of the Calcutta High Court, finally broke on March 10, with the issuance of a bailable warrant against the judge. This is a first in Indian judicial history, as was the contempt case started against him.Bail was set at Rs 10,000 and the Director General of Police, West Bengal has been directed to serve this warrant.
Attorney General (AG) Mukul Rohatgi submitted to the Supreme Court on March 10 that notice was served so that Justice Karnan could be present, “but he is not present. Office Report doesn’t talk about his presence.” The AG also said that he has learnt from newspaper reports that Justice Karnan has passed an “order” after the order of the top court. “Order of the seven judge bench is null and void.” He pleaded.
The SC ordered that Justice Karnan was to handle no administrative or judicial activity and that all files should be taken away from him and placed with the Registrar.
The Chief Justice of India, JS Kehar, said: “This may be a prank, because the judge has requested to restore his administrative and judicial charges.”
The AG said that he had called up, “but the Registrar of the HC said he has not seen it. The fact remains that he has not appeared. If you don’t appear then bailable or non-bailable warrant should be issued.”
Rohatgi also said: “Office record shows that notice was served. He has written one or two letters but it did not talk about his appearance. I was informed by a newspaper that the judge has passed an order. The order is not signed. It is a ten-page order, no parties. Facts of the case is that it is a lecture of some kind of things. That the judiciary should be free of corruption.”
The order that ensued was: “Notice was served. Despite service, presence of Justice Karnan is not there. Neither has he appeared in person or by any counsel. Hence this registry of this court shall send a fax message fixing a meeting of the CJI with other judges of this court to discuss some administrative issues, which primarily reflect certain allegations on certain judges. A letter received earlier cannot be treated as a reply.
“In view of above there is no alternative. We issue a bailable warrant in sum of Rs 10,000 in a nature of personal bond with satisfaction of arresting officer.”
“The issue so as to ensure presence of Justice Karnan on March 31 at 10.30 am. We appreciate that the bailable warrant shall be served to Justice Karnan by the Director General of Police.”
—India legal Bureau