New Delhi, May 1 (IANS) Observing that Calcutta High Court judge Justice C.S. Karnan, who has been on a confrontation with the apex court, has been making "press statements with abject impunity", the Supreme Court on Monday ordered his medical examination - doubting if he was in a fit mental condition to defend himself.
The apex court also ordered that no court or authority should take cognisance of any of the "purported" orders passed by him.
A seven-judge bench headed by the Chief Justice Jagdish Singh Khehar directed the constitution of a medical board to examine Karnan on May 4. He would be examined by the medical board of doctors of a government hospital at Kolkata.
"The tenor of the press briefings, as also, the purported judicial orders passed by Justice C.S. Karnan, prima facie suggest, that he may not be in a fit medical condition, to defend himself, in the present proceedings," the court observed.
"We therefore consider it appropriate, to require him to be medically examined, before proceeding further," the court ordered, asking West Bengal government's Director Health Services to constitute a Board of Doctors from Pavlov Government Hospital to examine him.
The Board of Doctors would submit a report on "whether or not Shri Justice Karnan is in a fit condition to defend himself".
The report should reach top court on or before May 8, and fixed May 9 the next date of hearing.
The court also directed the West Bengal Director General of Police to set up a team of police to assist the medical board.
The bench noted that ever since contempt proceedings were initiated against him, Justice Karnan has been "expressing further disrespect" to the top court and also been making "press statements with abject impunity".
It restrained the Court, Tribunal, Commission or Authority from taking cognizance of the orders passed by Justice Karnan against the members of the seven judge bench and another judge of the top court.
Besides Chief Justice Khehar, other judges on the bench are Justice Dipak Misra, Justice J. Chelameswar, Justice Ranjan Gogoi, Justice Madan B. Lokur, Justice Pinaki Chandra Ghose and Justice Kurian Joseph.
The court directed the medical examination as senior counsel K.K. Venugopal told the bench that "He (Karnan) can't be taken seriously.. He is not in a position to decide what is correct and what is not correct" - a position contested by Attorney General Mukul Rohatgi.
As doubts were expressed about his state of mental health, the bench said, "If that is so then he can't be responsible for his acts."
At this the Attorney General said, "It is one thing to say that he has lost balance" but what about his conduct as a judge.
Saying that Justice Karnan was in "gross misconduct", the Attorney General pointed to his conduct prior to the initiation of contempt proceedings and during the pendency of the contempt proceedings by the top court.
Pointing to the conduct of Justice Karnan after the last hearing of the matter on March 31, the Attorney General said: "This is aggravation of contempt. This is becoming more than ... Everyday he keeps saying something. Court can't give him opportunity to explain for his every new act."
The AG said this as the court said the nature of Justice Karnan's latest action was different from his earlier act and he be asked to offer an explanation.
Telling the bench that Justice Karnan's actions are a calculated attempt to bring down the esteem of the judiciary in the people's eyes, Attorney General Rohatgi said: "Contempt action is not for the protection of judges, but to instil the confidence of the people in the institution of judiciary."
Karnan is facing contempt charges for degrading the judiciary and making allegations of wrongdoings against certain judges of the Madras High Court and questioning the orders of the top court.
On April 13, in a renewed confrontation, Justice Karnan had passed a "judicial order" against seven Supreme Court judges, including Chief Justice Khehar, for "violating" the Scheduled Castes and Tribes (Prevention of Atrocities) Act and directed them to "appear" before him on April 28.
Later in an order, Justice Karnan directed the Air Control Authority in New Delhi not to allow the CJI and other six judges to travel abroad.
The seven judges had issued a suo motu contempt order against Karnan in February after he had in January named 20 "corrupt judges", seeking probe against them to curb "high corruption" in the Indian judiciary.
Reacting to the apex court order, Justice Karnan termed it as "ridiculous", and instead ordered the Delhi Police to produce the seven judges before a psychiatric board.
"The said order is a ridiculous order without proper application of mind in following appropriate procedures as required...the seven accused judges have desperately adopted this ridiculous order, in order to escape the punishment leviable via the Scheduled Caste and Scheduled Tribe (prevention of) atrocity act," Karnan said in a press release.
"With their phenomenal behaviour, it is the said seven judges who actually require medical examination," he said.
Doraiah Chowdary Vundavally is a Software engineer at VTech . He is the news editor of SocialNews.XYZ and Freelance writer-contributes Telugu and English Columns on Films, Politics, and Gossips. He is the primary contributor for South Cinema Section of SocialNews.XYZ. His mission is to help to develop SocialNews.XYZ into a News website that has no bias or judgement towards any.
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