Sitting High Court Judge Guilty of Contempt, Sentenced to Six Months: Supreme Court in Justice C.S. Karnan Case

Justice Karnan wrote letters to the Prime Minister and others alleging corruption and offences by Judges of the Madras High Court and made them public (Khehar CJI, paras 4, 16; Chelameswar J., paras 3-4). A Bench of the seven senior-most Judges issued suo motu contempt notice on 8.2.2017 (Khehar CJI, para 17). He did not appear until a bailable warrant was issued, then passed purported orders under Article 226 against the Bench and refused medical examination (Khehar CJI, paras 19-30). The Attorney General and others called his conduct gross contempt (Khehar CJI, para 32).

None of the allegations was supported by any material; they were malicious and defamatory, named Judges, and were spread through the internet (Khehar CJI, para 35). During the hearing he stayed this Court's orders and purported to convict and sentence the Judges on the Bench (Khehar CJI, para 35). His orders also directed a case against all seven members of the Bench and barred them from travelling abroad (Khehar CJI, para 29). These were the grossest and gravest acts of contempt, including contempt in the face of the Court (Khehar CJI, para 36). In the separate opinion, the Court's jurisdiction to initiate contempt proceedings suo motu against a High Court Judge was not in doubt, and his plea that impeachment is the only remedy is untenable (Chelameswar J., paras 13-14). The truth of his allegations could not be examined in these proceedings (Chelameswar J., para 5). Scandalising the Court is still contempt in India (Chelameswar J., para 24). His conduct was criminal contempt both as scandalising the Court and as interference with its proceedings (Chelameswar J., para 25). He showed not the slightest remorse (Chelameswar J., para 25).