In Re: Hon’ble Justice C.S. KarnanAIR 2017 SC 3191

Case Summary

Full Case Details

Judges/Coram: J.S. Khehar, C.J.I., Dipak Misra, JastiChelameswar, Ranjan Gogoi, Madan B.
Lokur, Pinaki Chandra Ghose and Kurian Joseph, JJ.
J.S. Khehar, C.J.I.:

1. The task at our hands is unpleasant. It concerns actions of a Judge of a High Court. The instant
   proceedings pertain to alleged actions of criminal contempt, committed by Shri Justice C.S. Karnan.
   The initiation of the present proceedings suo-motu, is unfortunate. In case this Court has to take the
   next step, leading to his conviction and sentencing, the Court would have undoubtedly travelled into
   virgin territory. This has never happened. This should never happen. But then, in the process of
   administration of justice, the individual’s identity, is clearly inconsequential. This Court is tasked to
   evaluate the merits of controversies placed before it, based on the facts of the case. It is expected to
   record its conclusions, without fear or favour, affection or ill-will.
2. The factual position which emerged in this case, during the course of hearing, was almost entirely
   based on the contents of correspondence addressed by Justice Karnan. They eventually resulted in
   his transfer, from the Madras High Court to the High Court of Calcutta. The episode of his transfer,
   was preceded by letters written by a series of former Chief Justices of the Madras High Court, to the
   then Chief Justice(s) of the Supreme Court of India, seeking his transfer. The transfer of Shri Justice
   C.S. Karnan was also sought, through a joint representation addressed by 20 sitting Judges of the
   Madras High Court.
3. During this period, and unconnected with the reasons for seeking his transfer, the Registrar
   General of the Madras High Court approached this Court, highlighting the fact that Shri Justice C.S.
   Karnan had initiated suo-motu writ proceedings, wherein, he had stayed administrative orders
   passed by the Chief Justice of the Madras High Court. Having heard the matter, a Bench of this
   Court, presided over by the then Chief Justice of India, passed the following directions:
   Permission to file special leave petition is granted.
   Issue notice.
   In the meantime, there shall be stay of interim order, dated 30.4.2015 passed in M.P. No. 1 of 2015
   in Suo-motu Writ Petition No. (unnumbered) of 2015, until further orders.
   We restrain the learned Judge, who has initiated proceedings relating to Suo-motu Writ Petition No.
   (unnumbered) of 2015 pending before the High Court of Judicature at Madras from either hearing
   or issuing any directions in said petition and other matters connected therewith.
   There shall not be any interference by any person/authority or learned Judges in completing the
   process initiated by the High Court for selection and appointment of Junior Divisional Judicial
   Officers till the disposal of the special leave petition.
   List after summer vacation.
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   The petition filed by the Registrar General was later assigned Special Leave Petition (Civil) No.
   14842 of 2015.
4. Undeterred by the intervention of this Court, Shri Justice C.S. Karnan continued to foul mouth
   his colleagues at the High Court of Madras, by addressing communications to the highest executive
   and judicial authorities. We shall refer to only those available on the record of the case. We may,
   for reason of brevity, leave out the past, and commence with his letter dated 21.8.2015, addressed to
   the Chief Justice of the Madras High Court. A perusal of the aforesaid communication, reveals his
   dissatisfaction in not having been assigned an appropriate roster, when he was deputed to the
   Madurai Bench of the Madras High Court. Even when he returned to the Principal Bench, after a
   period of three months, he was unhappy with the roster assigned to him. In the instant letter, he also
   expressed his displeasure, when matters originally assigned to him, were taken away from his
   Board, by the Chief Justice of the Madras High Court, and assigned to other Benches. Besides the
   above personal grievances, he made direct and pointed allegations (in his above letter dated
   21.8.2015) against Shri Justice “… V.D….”, for having been appointed as a Judge of the High Court,
   even though (according to Justice Karnan) he did not possess the requisite academic qualifications
   for the position. Indeed, it was alleged, that his academic certificates were bogus. It was also alleged
   (in the above letter dated 21.8.2015) that the Judges of the Division Bench-Dr. Justice “… T.V….”
   and Shri Justice “… C.T.S. …” had not exercised their judicial functions independently, but had been
   passing orders, at the asking of the then Chief Justice of the Madras High Court. He also Accused
   the Chief Justice of the High Court, for having approached this Court, against the suo-motu orders
   passed by him. The initiative at the hands of the Chief Justice of the Madras High Court (to
   approach the Supreme Court) was described by him (in the above communication dated 21.8.2015)
   as most insulting. Justice Karnan in the above letter, dated 21.8.2015, Accused the Chief Justice of
   the Madras High Court, for not having included him in any of the committees constituted for
   discharging administrative responsibilities of the High Court. For this reason, he Accused the Chief
   Justice, for segregating him on account of his belonging to an under-privileged caste. He also
   pointed out, that he had made a complaint in this behalf to the Chairman of the National
   Commission for Scheduled Castes and Scheduled Tribes. Justice Karnan also Accused the then
   Chief Justice of the Madras High Court (in the above communication) for having created a
   communal divide in the High Court. His contention in this behalf was, that he favoured the
   advanced communities, while making recommendations for appointment of High Court Judges, and
   at the same time ignored the under privileged castes and tribes, as well as, the minorities. While
   concluding the letter dated 21.8.2015, Shri Justice C.S. Karnan expressed, that the Chief Justice of
   the Madras High Court, had committed offences under the provisions of the Scheduled Castes and
   Scheduled Tribes (Prevention of Atrocities) Act, 1989.
5. Another letter of Shri Justice C.S. Karnan, dated 5.2.2016, was addressed to the Home Secretary
   of Tamil Nadu. The instant letter was written to extend protection to a lawyer-Peter Ramesh Kumar,
   who had made serious allegations against a few Judges, especially against Shri Justice “… V.R.S.M.
   ….”. The communication is interesting, because the Home Secretary had been directed to treat his
   letter as a “suo-motu judicial order”. In the above letter, Justice Karnan had directed the Registry of
   the Madras High Court, to assign the suo-motu writ petition (-the letter dated 5.2.2016), a number.
   The direction contained in the letter dated 5.2.2016, required the Home Secretary, to arrange
   adequate police protection, for the safety of the afore-stated Advocate.
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6. Shri Justice C.S. Karnan wrote another letter to the then Chief Justice of the Madras High Court,
   on 10.2.2016. In the instant communication he pointed out, that the High Court had arranged a
   function for the inauguration of Regional Centres of the Tamil Nadu State Judicial Academy, at
   Coimbatore and Madurai (-on 21.2.2016). He Accused the Chief Justice, of allowing only upper
   caste Judges, to participate in the function. It was pointed out, that no representation from scheduled
   castes or scheduled tribes, was included in the celebration. It was alleged, that even though his
   name was initially included, it was replaced by a junior upper caste Judge. He highlighted the fact,
   that he had been repeatedly agitating on this issue, even on earlier occasions. In the instant
   communication dated 10.2.2016, Justice Karnan again declared the Chief Justice of the Madras
   High Court, an offender under the Scheduled Castes and Scheduled Tribes (Prevention of
   Atrocities) Act, 1989.
7. In the above Special Leave Petition (Civil) No. 14842 of 2015 filed by the Registrar General,
   High Court of Madras (see paragraph 3 above). I.A. No. 6 of 2016 was filed on 12.2.2016, by the
   Registrar General of the Madras High Court, for urgent directions. In the said application, reference
   was first made to the order dated 30.4.2015 passed by Justice Karnan, which was stayed by this
   Court on 11.5.2015 (order extracted in paragraph 3 above). Thereafter, Justice Karnan addressed a
   letter dated 21.8.2015 to the Chief Justice of the Madras High Court (details narrated above). Shri
   Justice C.S. Karnan then addressed a letter dated 10.2.2016, again allegedly in exercise of suo-motu
   judicial power (details expressed above). It was also sought to be highlighted in I.A. No. 6 of 2016,
   that on 10.2.2016, Justice Karnan, had raised objections in connection with a function organized by
   the Madras High Court, alongwith the Tamil Nadu State Judicial Academy to inaugurate Regional
   Centres at Coimbatore and Madurai, scheduled for 21.2.2016. Justice Karnan had alleged therein,
   that he had been removed as a member of the Board of Governors of the Judicial Academy. It was
   sought to be explained (in I.A. No. 6 of 2016), that the allegations levelled by Shri Justice C.S.
   Karnan were misconceived, because he had never been nominated as a member of the Board of
   Governors of the Judicial Academy, since its inception in 2001. The contents of I.A. No. 6 of 2016,
   also make a reference to another alleged suo-motu judicial order, dated 5.8.2016, passed by Shri
   Justice C.S. Karnan, directing the Home Secretary to the State of Tamil Nadu to provide police
   protection to one Shri Peter Ramesh Kumar on the ground, that he was facing threats to his life,
   from a few Judges of the Madras High Court, wherein he expressly named Shri Justice “… V.R. ….”
   (details narrated above). The background for passing the above order was sought to be explained in
   paragraph 10 of I.A. No. 6 of 2016, as under:
   The above order has been passed in the following background, enumerated below:
   (a) On 16.9.2015, few advocates along with W. Peter Ramesh Kumar barged into Court Hall No. 2
   of the Madurai Bench, and stopped willing advocates from addressing the Hon’ble Bench to enforce
   a boycott call. Moreover, the concerned Advocate threatened the Hon’ble Bench to take any action
   against him. As a result, the Division Bench was forced to initiate contempt proceedings for his
   misdemeanors.
   (b) The above named Advocate was previously hauled up for contempt on several occasions. Three
   years ago, the High Court directed the State Bar Council to initiate disciplinary proceedings for
   misconduct. Earlier, a Full Bench of the High Court had found him guilty of contempt and put him
   on probation for a period of one (1) year. Nonetheless, the concerned Advocate continued to
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   indulge in disruptive practices even during the probation and the matter is pending consideration
   before the Full Bench.
   (c) On 30.11.2015, the Suo-motu Cont. Petition (MD) No. 1449 of 2015, registered pursuant to the
   Order dated 16.9.2015 passed by the Madurai Bench, came up for hearing for the first time before
   Mr. Justice “… R.S. …” and Hon’ble Mr. Justice “… M.V.V….” The above named Advocate,
   appearing in person, prayed for time to file a response. However, the alleged Contemnor made
   offensive, and casteist allegations against the Presiding Judge of the Division Bench that initiated
   the proceedings in his Counter Affidavit. The alleged Contemnor also made false and scandalous
   imputations against certain women lawyers in connection with the learned Judge. He further
   circulated the contents of the affidavit including the offensive remarks through WhatsApp and
   Facebook.
   (d) On 28.1.2016, the Hon’ble Chief Justice of the High Court transferred the Suo-motu Cont.
   Petition (MD) No. 1449 of 2015 before a specially constituted Bench at the Principal Seat of the
   High Court. In the meanwhile, the alleged Contemnor continued to circulate scurrilous and
   objectionable messages against the Hon’ble Judges hearing the aforesaid contempt petition, through
   social media.
   (e) On 4.2.2016, the Division Bench framed charges against him in the Criminal Contempt
   proceedings and served copies of the charges on him. Upon receipt of the copy of the charges, he
   shouted slogans hailing the deceased leader of a banned organization and also made casteist
   remarks against the Judges. However, the Bench posted the case to 15.2.2016 for the contemnor’s
   reply to the charges.
   (f) On 5.2.2016, the Division Bench of the High Court passed an Order to restrain the concerned
   Advocate from indulging and circulating offensive and objectionable remarks against the women
   members of Bar on a Writ Petition moved by a group of six concerned women lawyers being
   aggrieved by these allegations. Moreover, all four associations of lawyers at Madurai passed
   resolutions to condemn the scurrilous campaign conducted by the alleged Contemnor and urged the
   High Court and the State Bar Council to take stringent action against him.
   Last of all it was pointed out, that in terms of the roster issued by the Chief Justice of the Madras
   High Court, with effect from 1.2.2016, Justice Karnan was assigned to hear criminal revisionadmission and final hearing, and specially ordered matters. It was pointed out, that Justice Karnan
   was passing orders in complete disregard to the roster assigned to him. It was also asserted, that
   Justice Karnan had been repeatedly interfering or reopening issues, even in currently pending
   matters before other Benches of the High Court. It was highlighted, that he had even stayed judicial
   proceedings pending before the High Court. In I.A. No. 6 of 2016, the Registrar General of the
   Madras High Court, sought appropriate directions through the following prayers:
   PRAYER
   In the premises, it is most respectfully prayed that this Hon’ble Court may be pleased to:
   (a) stay the operation of Suo-motu Judicial Orders dated 5/8.2.2016 (Annexure A-6) and 10.2.2016
   (Annexure A-4) passed by Hon’ble Mr. Justice C.S. Karnan of the High Court of Madras;
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   (b) direct Hon’ble Mr. Justice C.S. Karnan not to exercise any suo-motu powers of the High Court
   or to direct the Registrar, Madras High Court, to register such suo-motu orders as being pursuant to
   suo-motu writ petitions;
   (c) restrain the Hon’ble Mr. Justice C.S. Karnan from hearing or issuing directions or in any manner
   dealing or connected with the proceedings relating to Suo-motu Judicial Order dated 5/8.2.2016 and
   10.2.2016 of the High Court of Judicature at Madras;
   (d) pass such other and further orders as this Hon’ble Court may deem fit in the facts and
   circumstances of the matter.
   During the course of hearing in the above I.A. No. 6 of 2016 (wherein one of us-Jagdish Singh
   Khehar, and Mrs. R. Banumathi, JJ., were members of the Bench), the Court was informed, that
   Shri Justice C.S. Karnan had already received the proposal for his transfer from the High Court of
   Madras. Having taken into consideration, the totality of the facts and circumstances of the case, this
   Court passed the following order on 15.2.2016:
   Mr. K.K. Venugopal, learned senior Counsel having entered appearance on behalf of the Petitioner
   has filed the affidavit of Mr. “… B.H….”, Registrar-cum-Private Secretary to Hon’ble the Chief
   Justice, High Court of Madras, dated 14.02.2016. A perusal of the same reveals that Hon’ble Mr.
   Justice C.S. Karnan has received the proposal of his transfer from the High Court of Madras dated
   12.02.2016.
   Having taken note of the situation, in our view it would be appropriate, that Hon’ble Mr. Justice
   C.S. Karnan should hear and dispose of only such matters as are specially assigned to him by
   Hon’ble the Chief Justice of the Madras High Court. It will be open to Hon’ble the Chief Justice of
   the High Court, not to assign any further administrative/judicial work to him. This would imply,
   that no other orders shall be passed by Hon’ble Mr. Justice C.S. Karnan, suo-motu or otherwise, in
   any matter not specially assigned to him.
   The operation of all or any administrative/judicial order(s) passed by Hon’ble Mr. Justice C.S.
   Karnan, after the issuance of the proposal of his transfer from the Madras High Court dated
   12.02.2016.(unless specially assigned to him, by Hon’ble the Chief Justice), shall remain stayed till
   further orders.
   A copy of the instant order shall be furnished to Hon’ble Mr. Justice C.S. Karnan, by the Registrar
   General of the High Court. It shall be open to the Hon’ble Judge to enter appearance before this
   Court, in case he is so advised (in respect of the instant/pending matter).
8. The next relevant letter, was issued by Justice Karnan, on 26.10.2016. It was addressed to the
   City Police Commissioner, requiring him to register criminal cases. In the instant letter, Justice
   Karnan claimed to be a victim of social and caste discrimination. He also alleged, that he had been
   subjected to agony, on account of ragging and demeaning actions, of Judges of the Madras High
   Court, spearheaded by Shri Justice “… F.M.I.K…..”. These allegations of ragging were classified by
   him, into four categories, as under:
   The social boycott by the ragging Judges could be classified into four categories as under:
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9. The below mentioned Judges directly resorted to insulting me in public premises, namely Mr.
   Justice “… I.K….”, Mr. Justice “… N.N….”, Mr. Justice “… R.S….”, who is now posted to Jammu &
   Kashmir, Mr. Justice “… K.N.B….”, Mr. Justice “… R.S.M. ….” now posted as Judge of the Andhra
   Pradesh High Court, Mr. Justice “… A.A….”, Mrs. Justice “… A.J….”, Mr. Justice “… N.K….”, Mr.
   Justice “… S.M.K….” and Mr. Justice “… M.S….” The below mentioned three Judges “… M.Y.E….”,
   now retired Judge of the Supreme Court of India, Mr. Justice “… R.K.A….”, now a serving Judge of
   the Supreme Court and Mr. Justice “… S.K.K….”, who also extended their cooperation with the
   ragging Judges of the Madras High Court by operating administrative power and insulted me at the
   public institution/Judiciary, to that effect I have levelled complaints against them under the
   Schedule Caste/Schedule Tribes Atrocities Act which are pending enquiry at the respective high
   dignitary offices. Now I request you to include all the above mentioned three Judges along with the
   first category of Judges and register a F.I.R. accordingly and precisely. To prove my allegation
   against the said Judges, material evidences are available on the file of the Registry of the Madras
   High Court.
10. The second category Judges through indirectly extending their cooperation for social boycott and
    ragging with their physical presence at the venues.
11. The third category were enjoying by way of laughing and bodily gestures, and
12. The fourth category of Judges maintained their silence and showed their consternation of their
    actions metered out against me.
    Based on the above insinuations, Justice Karnan made the following request to the City
    Commissioner of Police, Chennai:
    Now I request you to register a criminal case against the first category of ragging Justices under the
    Ragging Act including social boycott. The other erring Judges will be included after investigation.
    My view of wanting to establish a prosecution case against Accused persons/Judges for which I
    take a major role in the instant case. Your role is only marginal as a competent officer to pursue
    such major offences to its logical conclusion before the concerned criminal Court. As per my
    complaint, I will file an affidavit in my name in order to establish the case against the Accused
    persons at an appropriate time. This kind of major offences is indeed a public crime against a Dalit
    Judge and this matter will also be placed before the Parliament against erring Judges after observing
    necessary formalities.
13. Reference also needs to be made to a letter dated 18.1.2017, which was addressed by Justice
    Karnan, to the State Public Prosecutor, Madras High Court, Chennai, wherein he highlighted the
    fact, that he had passed a suo-motu judicial order, against Shri Justice “… N.D….” (now retired),
    asserting that Shri Justice “… N.D….” had produced bogus educational qualification certificates, for
    procuring his appointment as Judge of the Madras High Court. In the above letter, it was also
    pointed out, that an enquiry into the matter was pending before the Supreme Court of India. It was
    alleged, that the Chief Justice of the Madras High Court, was shielding the said Shri Justice “…
    N.D….”. It was also highlighted, that Shri Justice “… S.K.K….”-the then Chief Justice of the Madras
    High Court, was facing charges of corruption, and also, for having committed offences under the
    Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He also brought out
    that the then Chief Justice of the Madras High Court, had engaged Shri Elephant Rajendran, for
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    appearing before the Supreme Court, despite the fact that the said Advocate was involved in a
    murder case. It was also alleged, that a criminal case had also been registered against the said
    Advocate, for having committed forgery. In his letter, Justice Karnan had requested the Public
    Prosecutor to collect the particulars of the above cases, and to investigate them with the assistance
    of top police officials of the State. He had also requested the State Public Prosecutor, to forward the
    results of the investigation to him, so that he could produce the same before the Supreme Court.
14. Vide another letter dated 23.1.2017, Justice Karnan highlighted corruption in the High Court,
    inter alia at the hands of the following Judges:
15. Mr. Justice “… S.K.K. …”;
16. Mr. Justice “… S.M.K. …”;
17. Mr. Justice “… V.R.S.M. …”;
18. Mrs. Justice “… C.V….”;
19. Mr. Justice “… R.S.R….”;
20. Mr. Justice “… R.K.A….”;
21. Mr. Justice “… T.S.T….”;
22. Mr. Justice “… M.Y.I….”;
23. Mr. Justice “… I.K….”;
24. Mr. Justice “… A.K….”;
25. Mr. Justice “… E.D.R….”;
26. Mr. Justice “… K.N.B….”;
27. Mr. Justice “… A.A….”;
28. Mrs. Justice “… A.J….”;
29. Mr. Justice “… V.D….”;
30. Mr. Justice “… M.M.S….”;
31. Mr. Justice “… N.K….”;
32. Mr. Justice “… N.N….”;
33. Mr. Justice “… T.R….”;
34. Mr. Justice “… S….”.
    The instant letter dated 23.1.2017 was endorsed by Justice Karnan to Shri “… H….”, Private
    Secretary-cum-Registrar attached with the Chief Justice of the Madras High Court, to Shri “…
    P.K….”, Registrar of the Madras High Court, and also, to Shri “… S.P. …”, Advocate-President,
    Tamil Nadu Advocates Association.
35. The mindset of Shri Justice C.S. Karnan emerges from a communication dated 3.1.2017,
    addressed by him to the Prime Minister of India. It would be appropriate to extract the same
    hereunder, rather than recording a summary of its contents, as has been done hitherto before. The
    text of the aforesaid communication dated 3.1.2017 is accordingly reproduced below:
    I request you to please peruse the following:
36. Mr. Justice “… T.S.T….”, the Hon’ble Chief Justice of India comes in for retirement on 3.1.2017.
    The learned Judge had sent various lists of Judges as proposals for appointment to the High Courts.
    This list has not included adequate DALIT representation, neither from the minority communities
    like Muslims and Christians. The proposed list made up of financially sound candidates particularly
    from the upper caste and from the elite hereditary candidates. This kind of selective choice is not
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    appropriate in a democratic country and unbecoming of the judiciary since it evidently points to
    discrimination.
37. Mr. Justice “… T.S.T….”, CJI, at a crucial meeting wherein all the Chief Ministers of various
    States and Union Territories, and Hon’ble Chief Justices of various High Courts met. After
    observing the weeping drama of this CJI, the Indian population of 125 crores are unable to
    determine the attitude of the CJI since he is the top most authority of the entire judiciary, to
    maintain law and justice form Kanyakumari to Kashmir and all about.
38. The above-mentioned Hon’ble Judge was found weeping, yet in another moment showing
    outbursts of anger against the Union Government in order to approve the Judges list while at
    another venue at Gujarat appreciated the Union Government. This kind of unbalance vicious
    behavior is similar to the chameleon lizard which changes its colour at random through various
    hues. This erratic behavior by a top dignitary is baffling the minds of vast Sections of our Indian
    populace numbering crores.
39. Mr. Justice “… T.S.T….”, CJI and Justice “… S.K.K….”, Chief Justice of Madras High Court
    conniving prevented me from participating at the inauguration of the Legal Aid Centre in
    Coimbatore. As such they discriminated me from joining in a public function even though being a
    Judge of a High Court. Both were Chief Guests presiding over the function. Therefore, I initiated
    preliminary legal action against them by invoking the Scheduled Caste and Scheduled Tribes
    Atrocity Act. This bonafide allegation will be proved on the basis of documentary evidence already
    available on file of the Madras High Court Registry besides circumstantial evidence.
40. Mr. Justice “… T.S.T….”, who orally ordered the holding of my pronounced judgments to Mr.
    Justice “… S.K.K….”, Chief Justice of the Madras High Court without assigning any valid reasons
    such as enquiry or any legal provisional requirement. As such both have jointly resorted to
    conniving by insulting me in a public institution. As such both including the Registrar (Judicial),
    Madras High Court are offenders under the SC/ST Act. Mr. Justice “… T.S.T….” ordered an enquiry
    against me on concocted complaints which I am now facing. In that enquiry both the said Judges
    have been included as co-respondents including the Registrar (Judicial). After the enquiry report
    being forwarded to Parliament for further discussion in order to determine the actual person for
    impeachment. Under these circumstances, I request the Hon’ble Prime Minister of India to nullify
    the perusal and consideration of any tentative plans for a suitable position after retirement by the
    present CJI. As such the matter may be kept on hold until suitable amends made to all the injustices
    shown to me.
41. Likewise Mr. Justice “… S.K.K….”, Chief Justice of the Madras High Court may also be treated
    similarly as mentioned in (5) for conniving with the CJI and also keep him waiting for any tentative
    promotion until my accusations are cleared including corruption charges.
42. My critical position restrains me and I am unable to disclose the facts and circumstances of the
    judiciary in its entirety to the whole Nation in general only because I belong to the fraternity of
    Judges and its my bounden duty to uphold the dignity and sanctity of our courts at all times.
    However, the rampant irregularities continuously being perpetrated by many Judges which are
    incurring incurable injury to the judiciary must be curbed. I cannot say in public what is going on in
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    Madras High Court which has sunk to the bottom most level of degradation and sadly given
    leverage of support by the Apex Court.
43. As per the Indian Constitutional Law the judiciary is the highest branch in our Constitutional set
    up, as such other branches such as the Legislature, the Executive including the general public
    cannot be involved with judiciary orders and administrative methods. As such the judiciary is
    purely an independent body, so taking advantage of this many Judges are tarnishing the image of
    the judiciary for their own personal gains.
44. Mr. Justice “… M.K….”, had committed custodial rape in the public premises particularly in the
    precincts of his Court chamber with his Law Intern namely Ms. “… D. …”, who is a victim and now
    restrained to move with society as an Indian high cultured lady, it also spoils her carrier in the legal
    field and most of all casting a stigma on the child begotten by the said Judge. It is a proved case but
    Justice “… S.K.K….”, Chief Justice of Madras High Court is responsible for shielding the errant
    Judge. Therefore, Mr. Justice “… S.K.K….’s” administration has fallen to pieces and irreparable
    deterioration of ethical standards.
45. Mr. Justice “… V.D….” (retired) had produced bogus educational qualification certificates in
    obtaining the distinguished post of Judge at the Madras High Court, the crime was proved while he
    was a sitting Judge at the Madras High Court, however, the Chief Justice Mr. “… S.K.K….” misused
    his administrative and judicial powers by protecting the erring Judge until his retirement. This also
    being a proved case indicating vested interest.
46. Initially I lodged a written complaint before the Madras City Commissioner of Police around
    one month back against 13 Judges consisting of Supreme Court Judges and Madras High Court
    Judges, out of this group Mr. Justice “… E.K….” is ‘captain’ or “spear head” of the Accused Judges’
    ‘team’. The allegation is that all the mentioned Judges in my complaint had ragged me continuously
    and persistently for eight years at public premises but the said enquiry is still pending with the
    Commissioner of Police for necessary action.
47. Mr. Justice”… K.S….” (retired) the father of Mr. Justice “… S.M.K….” has established an office
    in front of the Madras High Court and is always found wandering at the Madras High Court
    premises soliciting required clients with offers of favourable fruitful orders as consequence of him
    being an Ex-Judge and exerting good influence for his personal gain; this also being a proved case
    known to the entire judiciary, advocates besides the general public.
    Hence, I request you, Hon’ble Prime Minister of India to initiate necessary steps in order to save the
    Top Most image of the judiciary. To that effect my sincerest request also goes out to all political
    parties of India to extend their fullest cooperation in maintaining the impeccable image at all times,
    a mission that you are striving for in order to cure all the ills that has befallen our great nation an
    importantly that the judiciary maintains an unblemished reputation for perpetuity.
48. It would be relevant to mention, that at the beginning of the year 2017, the issue of transfer of
    Shri Justice C.S. Karnan from the Madras High Court to the High Court of Calcutta, had evoked
    animated public debate. At this juncture, his attitude became far more aggressive, than hitherto
    before. His insinuations were now more pointed, his prominent singular focus being his colleague
    Judges, of the Madras High Court (present and former), and the Judges of the Supreme Court, who
    124
    had a nexus with the Madras High Court, possibly under the belief, that they were responsible for
    his tribulations. Included in the list, were also Judges of the Supreme Court (including Chief
    Justices), who had an occasion to deal with matters, involving Justice Karnan. It is essential to
    detail some of these communications, in order to understand the content and nature of the
    allegations.
49. In the above context, reference may first be made to three communications dated 27.1.2017. The
    first of these communications was addressed to Shri Justice “… M.M.S….”, a Judge of the Madras
    High Court. The contents of the letter indicate, that the concerned Judge invited Shri Justice C.S.
    Karnan, to the weekly Wednesday-night dinner, hosted by Judges at the Madurai Bench. It was
    alleged, that even though the appointed time was 8.00 p.m., since he had not reached the dinner
    venue, he was called on his telephone by Shri Justice “… M.M.S….”, and was requested, that the
    Judges at the dinner venue were waiting for him (Justice Karnan), and they would commence their
    dinner, only upon his arrival. It was alleged, that he (Justice Karnan) reached the venue immediately
    thereafter. It was alleged in the above letter, that on reaching the venue, he observed that most of
    the Judges had already had their dinner, while the rest had already commenced their dinner. It was
    the assertion of Justice Karnan, that he had been invited only for irritating him, ragging him, and
    ridiculing him. Since the above actions were committed with a malafide intention at a public place,
    Justice Karnan wrote in his above letter, that he reserved the right to invoke his judicial power, and
    thereby, to take action against the concerned Judges suo-motu, for their prosecution. A copy of the
    instant letter was endorsed to the Prime Minister of India, the Union Law Minister and the Chief
    Justice of India.
50. The second letter also dated 27.1.2017, was addressed to Shri Justice “… A.A….” (retired). In the
    instant letter, he Accused Justice “… A.A….” and Mrs. Justice “… A.J….” for their role along with
    the other Judges, in socially boycotting him (Justice Karnan), and for ragging him. It was pointed
    out, that he had lodged a complaint against the said Judges, before the National Commission for
    Scheduled Castes and Scheduled Tribes. He also affirmed, that copies of the said complaint, had
    been sent to various dignitaries, including the Chief Justice of India. The pointed insinuation against
    Shri Justice “… A.A….” and Mrs. Justice “… A.J….” was, that they had developed illicit relations,
    inasmuch as, they were behaving as husband and wife. It was also alleged, that the elder daughter of
    Mrs. Justice “… A.J….” had committed suicide by consuming poison, only to avoid the disgrace
    suffered by her, on account of the relationship between Shri Justice “… A.A….” and her mother Mrs.
    Justice “… A.J….” In the above second letter dated 27.1.2017, Justice Karnan alleged, that the above
    mentioned Judges were chargeable Under Section 306 of the Indian Penal Code, alongwith other
    Judges, namely, Shri Justice “… S.N….”, Shri Justice “… N.K….” and Shri Justice “… S.M.K….”,
    who had misused their judicial power, to prevent the initiation of criminal prosecution against them.
    In the instant letter, Justice Karnan also Accused the above two Judges, for having conspired with
    six other named sitting Judges of the Madras High Court, for having instructed the Registry of the
    High Court, not to extend assistance to Justice Karnan, in conducting religious ceremonies, after the
    demise of his father.
51. The third letter also dated 27.1.2017, was addressed by Justice Karnan, to the Registrar General
    of the Madras High Court. It was alleged therein, that he (Justice Karnan) had already lodged a
    complaint against Shri Justice “… S.N. …”, who had maintained two concubines, namely, Mrs. “…
    J.(M) …” and Mrs. “… R.S. …” It was also alleged, that the factual position pertaining to this illegal
    alliance, had been brought to the notice of the Acting Chief Justice. Through the third
    125
    communication dated 27.1.2017, Justice Karnan had also enquired about the stage of investigation,
    of the case.
52. In February, 2017, Justice Karnan assumed charge at the Calcutta High Court. From Calcutta,
    Justice Karnan addressed an undated letter to the Prime Minister of India, with copies to the Chief
    Minister of Tamil Nadu, the Chief Justice of the Supreme Court of India, the Chief Justice of the
    Madras High Court and the Registrar General of the Madras High Court. Besides ridiculing the
    system of appointment of Judges since 1990, which (according to him) favoured the upper castes,
    he adopted the following stance on the subject of appointments:
    His Excellency, the President of India and Hon’ble Prime Minister of India have given their valid
    view that transparency and clarity are of paramount importance with the judiciary. Even then the
    Collegium is maintaining secrecy on the mode of appointment of Judges, since the appointment of
    Judges are evolving in the documents during the processing, where in unwanted things are actually
    happening like soliciting of pretty women, heavy liquor consumption, acquisition of mass wealth,
    forgery and other forms of gross misdemeanor, within a Court of law. I am not casting aspersions
    but rendering direct accusations for which I am prepared to stand at any time for a confrontation.
53. Having viewed the unsavory allegations levelled by Justice Karnan over a span of time, it was
    prima-facie felt, that his conduct towards a large number of named Judges and the judiciary in
    general, had seriously blemished and tarnished the image of those concerned in particular, and the
    judiciary as a whole. It was accordingly decided to initiate suo-motu proceedings, for contempt of
    Court. A Bench comprising of the seven senior most Judges of the Supreme Court was constituted,
    to examine whether or not Shri Justice C.S. Karnan was guilty of having committed contempt. On
    the administrative side, the entire material referred to above, was entrusted to the Attorney General
    for India. He was also requested to assist the Court, in the matter, on the judicial side. On 8.2.2017,
    the Bench passed the first judicial order:
54. Issue notice to Shri Justice C.S. Karnan, returnable on 13.02.2017.
55. The Registry is directed to ensure, that a copy of this order, and the letters taken note of while
    issuing notice, are furnished to Shri Justice C.S. Karnan, during the course of the day, through the
    Registrar General of the Calcutta High Court.
56. Shri Justice C.S. Karnan, shall 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 is also
    directed to return, all judicial and administrative files in his possession, to the Registrar General of
    the High Court immediately.
57. Shri Justice C.S. Karnan shall remain present in Court in person, on the next date of hearing, to
    show cause. 5. The learned Attorney General has assisted us during the 2 course of hearing, today.
    We request him to assist us, during the course of further proceedings in the matter.
58. Shri Justice C.S. Karnan in response to the order dated 8.2.2017 (extracted above) addressed a
    letter to the Registrar General of this Court on 10.2.2017. He expressed the following view, on the
    initiation of suo-motu contempt proceedings against him:
    126
    In the above mentioned suo-motu petition it is not maintainable against a sitting Judge of the High
    Court, further the Suo-motu Contempt order passed against me, since I have sent representations to
    the various Govt. Authorities regarding high irregularities and illegalities occurring at the Judicial
    Courts. I am also a responsible Judge to control such high irregularities especially corruption and
    malpractice. I have furnished comprehensive proof of unethical practices happening with the
    respective Courts.
    Before obtaining any explanation from me, I wish to state that the Courts have no power to enforce
    punishment against a sitting Judge of the High Court. This said order does not conform to logic,
    therefore it is not suitable for execution. The characteristic of this order clearly shows that the upper
    caste Judges are taking the law in their hands and misusing their judicial power by operating the
    same against a SC/ST Judge (Dalit) with mala fide intention to get rid of him. Therefore the Suomotu Contempt Order dated 8.2.2017 is not sustainable under law. On 15.2.2016 I proclaimed a
    statement in front of the Madras High Court premises which was attended by the Press Media and
    Electronic Media wherein the crucial statement by me was that Mr. Justice “… S.K.K….” is the root
    of all corruption at the above-mentioned Court. To substantiate my proclamation, I even offered to
    counteract any contempt order he may level against me. However, it is apparent that he was wary of
    facing the facts. Now, after keeping silence on this crucial issue for over a year, or as the adage
    which says: “The dust as settled down”, he brought up the issue aspiring himself as a candidate for
    the elevation to the Apex Court. I now challenge him even at this 11th hour to prove himself being
    an unblemished Judge so that he may qualify for the elevation as a Supreme Court Judge.
    Furthermore, I even gave a recent allegation that there were 20 Corrupt Judges at the Madras High
    Court and that the Hon’ble Justice “… K.K….” is No. 1, even this accusation was ignored although
    my complaint is still on file. It is observed that the 7 Judges mentioned above are all out for a
    Contempt Case against me, presumably to clear the path for Justice Mr. “… S.K.K….’s” elevation;
    Please don’t let it be the case of “Locking the stable after the horse has bolted”. The Suo-motu
    Contempt Order against me a Dalit Judge and restraining my judicial and administrative assignment
    is unethical and goes against the SC/ST Atrocities Act. It is certainly a National Issue and a wise
    decision would be to refer the issue to the House of Parliament. On 15.2.2016, I also included in my
    proclamation that Hon’ble Justice Mr. “… J.S.K….” and Mrs. Justice “… R.B….” passed a similar
    harsh order against me, therefore I am constraint to give a direction to the Commissioner of Police,
    Chennai, to register a criminal case against the both mentioned Hon’ble Judges. Therefore, the
    present Chief Justice of India is obviously bearing the same prejudice as in the past by passing the
    same order.
    Therefore my deep request is to hear the Suo-motu Contempt after retirement of Chief Justice of
    India. In the meanwhile my administrative work and judicial assignment could be restored. My
    main contention is only to uproot the corruption prevailing at the Madras High Court, and not to
    spoil the sanctity and decorum of the Court.
    The Hon’ble Judge have passed this sort of an unusual order which effect the Star Articles of 14 and
    21 of the Constitution by derogating the principle of natural justice. I issued a list of the corrupt
    Judges wherein an enquiry is mandatory, as such the Suo-motu Contempt Petition is not
    maintainable. The order of the Apex Court in the Suo-motu Contempt Petition is erroneous and has
    been willfully wantonly and with mala fide intention was passed. Therefore, these proceedings may
    be referred to the Parliament, wherein I will establish the high rate of corruption prevailing with the
    127
    Judiciary at the Madras High Court. The said Order also violating Article 219 of the Constitution
    since there is distinct ill-will in the order. Hence, I request the Hon’ble Judges to hear the matter
    after the retirement of the present Chief Justice of India but if considered urgent then refer the
    matter to Parliament. This is my humble and urgent submission. Further the Hon’ble Supreme Court
    had not granted the stipulated time which is highly irregular.
    A perusal of the above letter of Shri Justice C.S. Karnan very clearly demonstrates, that he had
    made allegations against a large number of Judges, which he continued to maintain, were correct.
    He also acknowledged, that he had addressed the media, after this Court had issued notice to him
    (on 8.2.2017), wherein he affirmed the allegations he had made against 20 named Judges of the
    Madras High Court. He also declared before the Press, that the then Chief Justice of the High Court,
    was at the top of the list, amongst corrupt Judges. He also affirmed, having issued a direction to the
    Commissioner of Police, Chennai, to register a case against two Judges of the Supreme Court (Shri
    Justice “… J.S.K. …” and Mrs. Justice … “R.B. …”), with reference to a judicial order passed by
    them.
59. Shri Justice C.S. Karnan, was duly served the notice in the Suo-Motu Contempt Petition, for
    13.2.2017. He had been asked through the earlier order dated 8.2.2017 to enter appearance in
    person. He chose to remain absent and unrepresented. It was, therefore, that the second judicial
    order was passed on 13.2.2017. The above order confirmed the interim directions issued by the first
    order (dated 8.2.2017). The Bench, rather than taking any stringent steps against Justice Karnan, for
    not having entered appearance as directed (despite due service), granted liberty to Justice Karnan to
    appear in person on 10.3.2017-the next date of hearing. The text of the order dated 13.2.2017 is
    reproduced below:
    Sri Justice C.S. Karnan has been duly served, in terms of the motion Bench order dated 08.02.2017.
    A communication dated 10.02.2017 addressed by Sri Justice C.S. Karnan to the Secretary General
    of this Court has been received in the Registry of this Court. Every page of the above
    communication bears his signatures. The aforesaid letter of Sri Justice C.S. Karnan is taken on
    record.
60. Despite due notice, Shri Justice C.S. Karnan has not appeared. No one has been authorised by Sri
    Justice C.S. Karnan to represent him today. In any case, no one having a power of attorney, has
    represented him today. We are not aware of the reason(s) for his non-appearance. It is therefore,
    that we refrain from proceeding with the matter as of now.
61. Post for hearing on 10.03.2017 at 10.30 a.m. Sri Justice C.S. Karnan is directed to be present in
    Court in person, on the next date of hearing. We also hereby direct, that the interim order passed in
    this matter on 08.02.2017, shall continue till further orders.
62. It is necessary to notice, that certain counsel, appeared on their own. We enquired from them,
    whether they were duly authorised by Sri Justice C.S. Karnan, and were in possession of a power of
    attorney to represent him. They had no such authorization. These learned Counsel submitted, that
    they proposed to file impleadment application on behalf of certain organization. The oral prayer for
    impleadment is rejected.
    128
63. Since contempt proceedings are a matter strictly between the Court and the alleged contemnor,
    anyone who enters appearance and disrupts the proceedings of this case in future, should understand
    that he/she can be proceeded against, in consonance with law. All that we need to say is, that no one
    should appear in this matter, without due consent and authorization.
64. The Registry shall communicate the instant order to Sri Justice C.S. Karnan, in the same manner
    as he was communicated the previous order.
65. On 13.2.2017, Justice Karnan addressed another letter to the Secretary General of this Court.
    And through the Secretary General, to the members of the Bench dealing with the contempt
    proceedings. In the instant letter he requested the Bench, to restore his judicial and administrative
    work, as he was to retire shortly. He also undertook to cooperate with this Court, in furtherance of
    the contempt proceedings initiated against him. The short text of the above communication dated
    13.2.2017, is reproduced below:
    My Hon’ble Lords, please resume my Administrative & Judicial work forthwith since my retirement
    is imminent. I will certainly co-operate with the Contempt proceedings; please circulate to all the
    concerned Hon’ble Judges and oblige.
    Justice Karnan also addressed a separate letter dated 13.2.2017, purporting to be his explanation, to
    the show cause notice issued to him. Relevant extract of the same is reproduced below:
    …The following purports to be my condensed explanation:
    (1) I am fighting for righteousness and for the welfare of the general public of India.
    (2) I reiterate as always done, during the last few years about the high rate of Corruption at the
    Courts I served and still serving, besides the Supreme Court of India. I will not cease my efforts and
    will continue to fight until every wrong doing is uprooted.
    (3) It should be noted that there has been no adequate representation from the minority communities
    such as the Muslims, Christians, Schedule Caste and Schedule Tribe and of the most backward
    Communities, to the High Courts and Supreme Court even though the total strength of Judges is
    around 1100, an insignificant few including myself are holding the position of Justice of the peace.
    (4) Therefore, I request the Hon’ble Supreme Court Collegium to appoint as Judges around 400
    candidates from the Schedule Caste, Schedule Tribe and of the Minorities including most Backward
    Classes so that Justice will prevail on a neutral stance and that no quarter is biased and no one is
    benefited. The balance of power if unfortunately centred with the upper caste Judges resulting in the
    worst corrupt scenario ever witnessed since India attained Independence in 1947. I, as a serving
    Judge of the Judiciary cannot tolerate the degeneration of the Judiciary by corrupt Judges and in this
    regard I have placed on record the corruption of various Judges over the years.
    (5) Mr. Justice “… N.K….”, Judge of the Madras High Court kicked me with his shoe and slyly
    removed my name tag pinned on my seat at a public function and I immediately reported this matter
    to the Supreme Court with intimation to the Chairman of the Schedule Caste and Schedule Tribes
    Commission. This incident smacks of the prejudice coming from a dignified Judge and is the worst
    129
    form of corruption as per the Atrocities Act of the Indian Constitution. This complaint is pending
    with the Court for around 4 years. Hence, I am seeking a comprehensive enquiry to all my
    allegations.
    (6) Mr. Justice “… S.M.K. ….” has committed a custodial rape with his intern, namely Ms. “… D. …”
    and as a consequence of his dastardly crime she conceived and delivered a male baby. Both Ms. “…
    D. …” and the boy child are living. If this atrocious crime coming from a High Court Judge, as
    alleged by me cannot be determined then why cannot the case be examined by more professional
    investigators? This incident coming from the precincts of the Madras High Court is now known to
    the general public. Is the general public to believe that Judges are above the law?
    As anyone can easily discern, these are genuine reasons why I am looking forward to a
    comprehensive review of all my allegations and not be considered-“A spoil sport”. All my efforts
    are most paramount and imperative since it is solemnly meant for the upholding of the sanctity and
    decorum of the Courts.
    A perusal of the above reply of Justice Karnan reveals, his unequivocal and steadfast assertion,
    about the high rate of corruption in Courts, including Judges of the Supreme Court of India. His
    pointed and direct allegations against some individual Judges, were again reiterated.
66. Despite the fact that the Registry of this Court, had duly communicated the order dated
    13.2.2017 to Shri Justice C.S. Karnan, he chose not to enter appearance even on 10.3.2017. To
    procure the presence of Shri Justice C.S. Karnan, this Court passed the following order on
    10.3.2017:
67. Notice of this petition has been duly served. Despite service, wherein the personal presence of
    Shri Justice C.S. Karnan, in this Court, was imperative, he has neither entered appearance in person,
    nor through counsel.
68. It would be pertinent to mention, that the Registry of this Court received a fax message, from
    Shri Justice C.S. Karnan, dated 08.03.2017, seeking a meeting with the Chief Justice and the
    Hon’ble Judges of this Court, so as to discuss certain administrative issues expressed therein, which
    primarily seem to reflect the allegations levelled by him against certain named Judges. The above
    fax message, dated 08.03.2017, cannt be considered as a response of Shri Justice C.S. Karnan,
    either to the contempt petition, or to the notice served upon him.
69. In view of the above, there is no other alternative but to seek the presence of Shri Justice C.S.
    Karnan by issuing bailable warrants. Ordered accordingly. Bailable warrants, in the sum of Rs.
    10,000/- (Rupees ten thousand), in the nature of a personal bond, to the satisfaction of the arresting
    officer, be issued, to ensure the presence of Shri Justice C.S. Karnan, in this Court, on 31.03.2017,
    at 10.30 A.M.
70. We would appreciate if the aforesaid bailable warrants, are served on Shri Justice C.S. Karnan,
    by the Director General of Police, West Bengal.
71. Post for hearing on 31.03.2017, at 10.30 A.M.
    130
72. On the very day the third judicial order dated 10.3.2017 was passed, Shri Justice C.S. Karnan
    purportedly in exercise of suo-motu extra ordinary original jurisdiction (Under Article 226 of the
    Constitution of India, read with Section 482 of the Code of Criminal Procedure), passed an order
    dated 10.3.2017. Relevant part of the above order, is extracted below:
    As known to law, no contempt either civil or criminal can be initiated against a sitting High Court
    Judge Under Sections 2(c), 12 and 14 of the Contempt of Courts Act or Under Article 20 of the
    Constitution of India. But subverting all cannons of justice the Accused persons due to preconceived prejudicial notion have initiated the above mentioned unlawful, illegal and
    unconstitutional suo-motu contempt proceedings only with the view to somehow punish a sitting
    Judge of this Court belonging to a Scheduled Caste community.
73. It is also a well-known factor only a motion of impeachment can be initiated against a sitting
    Judge of the higher judiciary before the Parliament after due enquiry under the Judges’ Enquiry Act.
74. It is well within judicial knowledge a first attempt was made by the Apex Court in the colourful
    transfer from the High Court of Judicature at Madras to the High Court of Judicature at Calcutta.
75. It is also a open secret that a die-hard affidavit was filed before the Apex Court by Advocates
    Shanti Bhushan and Prashanth Bhushan in a similar contempt case touching upon several corruption
    charges on sitting and former Supreme Court Judges now pending in the cold storage of the
    Supreme Court for years, without any action either way.
76. It is also within judicial knowledge that all communications, draftings to the appropriate
    executive, legislative and judicial authorities is only permitted legal ventage which in no way invite
    suo-motu contempt proceedings much less on High Court Judges.
77. Another clinching matrix is that none of the following 13 persons have preferred any complaint
    or defence against, whereas the Accused persons have taken upon themselves as protocol guardians
    on the allegations of the following persons:
78. Mr. Justice “… S.K.K. …”;
79. Mr. Justice “… S.M.K. …”;
80. Mr. Justice “… V.R.S.M. …”;
81. Mrs. Justice “… C.V….”;
82. Mr. Justice “… R.S.R….”;
83. Mr. Justice “… R.K.A….”;
84. Mr. Justice “… T.S.T….”;
85. Mr. Justice “… M.Y.I….”;
86. Mr. Justice “… I.K….”;
87. Mr. Justice “… A.K….”;
88. Mr. Justice “… E.D.R….”;
89. Mr. Justice “… K.N.B….”;
90. Mr. Justice “… A.A….”;
91. Mrs. Justice “… A.J….”;
92. Mr. Justice “… V.D….”;
93. Mr. Justice “… M.M.S….”;
    131
94. Mr. Justice “… N.K….”;
95. Mr. Justice “… N.N….”;
96. Mr. Justice “… T.R….”;
97. Mr. Justice “… S….”.
98. Mr. “… H….”, Private Secretary-cum-Registrar;
99. Mr. “… P.K….”, Registrar; &
100. Mr. “… S.P….”, Advocate & President,
     Tamil Nadu Advocates Association.
     xxx xxxxxx
     In the result, I direct the Central Bureau of Investigation to register, investigate and file a report
     before the appropriate Court of law Under Article 226 read with Section 482 Code of Criminal
     Procedure to prevent abuse of process of any Court and to secure the ends of justice invoking my
     inherent powers of this Hon’ble Court, under the appropriate criminal provisions of the Scheduled
     Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and other Penal provisions
     against the Accused persons and I further direct the Secretary Generals of the Lok Sabha and Rajya
     Sabha to place the entire facts of the case before the Speaker for appropriate enquiry under the
     Judges’ Enquiry Act and consequently I request His Excellency the President of India to recall the
     bailable warrant illegally issued by the Supreme Court on 10.3.2017 and lift the non-work allotment
     ban of port-folio allocation and file a report within 7 (seven) days before this Hon’ble Court.
     Dated and signed by me this day 10th of March, 2017.
     The above suo-motu order was endorsed to this Court. It was also endorsed to the Rajya Sabha
     Secretariat (Legislative Section), whereupon, the Rajya Sabha Secretariat (Legislative Section)
     addressed the following letter to this Court:
     RAJYA SABHA SECRETARIAT
     (LEGISLATIVE SECTION)
     Subject: Suo-motu extra ordinary special original jurisdiction Under Article 226 of the Constitution
     read with Section 482 of Code of Criminal Procedure, 1973-Communication from Shri Justice C.S.
     Karnan, Judge, Calcutta High Court regarding.
     A copy of the communication on the above mentioned subject, containing, an order dated the 10th
     March, 2017 passed by Shri Justice C.S. Karnan, Judge, High Court of Calcutta in Suo-motu W.P.
     (Criminal) No. 1 of 2017 is sent herewith. It has been mentioned in the order that seven Judges of
     the Supreme Court, including the Chief Justice of India (names mentioned in the order), along with
     the Attorney General of India in suo-motu contempt petition (C) No. 1 of 2017 dated 8.2.2017 have
     called for his appearance on 10.3.2017 citing various reasons and has inter-alia directed that the
     Secretary-General of Rajya Sabha may place the entire facts of the case before the Hon’ble
     Chairman, Rajya Sabha for appropriate enquiry under the Judges (Inquiry) Act, 1968. Shri Justice
     C.S. Karnan has posted the matter to 31.3.2017 for compliance and reporting.
     132
101. In this connection, it is stated that the provisions of the Judges (Inquiry) Act, 1968 become
     operative only when there is a substantive motion meeting requirements Under Section 3(1) of the
     Judges (Inquiry) Act, 1968 presented in either House of the Parliament. Hon’ble Chairman, Rajya
     Sabha cannot take any suo-motu action in this regard at this stage since there is no motion before
     him to consider taking the action desired by Justice Karnan. Further, as per practice and convention,
     Hon’ble Chairman, Rajya Sabha or Secretary-General, Rajya Sabha do not respond to the
     notices/orders received from the courts and all such communications are forwarded to the Ministry
     of Law and Justice for apprising the concerned court about the correct constitutional/legal
     procedure.
102. The Ministry of Law and Justice is therefore requested to kindly look into the above matter and
     inform Shri Justice C.S. Karnan, Judge, High Court of Calcutta about the procedure relating to the
     conducting an enquiry or constitution of an Inquiry Committee under the Judges (Inquiry) Act,
     1968.
     A perusal of the order passed by Justice Karnan, and the letter endorsed to the Supreme Court by
     the Rajya Sabha Secretariat (Legislative Section), affirm the continuation of his actions in levelling
     corruption charges against Judges by name. The above communications also demonstrate, that he
     wished to publicize the allegations of corruption, against his colleague Judges.
103. At this juncture, this Court received a very interesting communication, from the Registrar
     General of the High Court of Calcutta. Justice Karnan had addressed the above communication (-
     dated 14.3.2017) to the Registrar General of the High Court of Calcutta. The same is extracted
     below:
     Dated the 14th March, 2017
     To
     The Registrar General,
     High Court,
     Calcutta
     Respected Sir,
     On 9.3.2017 one Mr. Mathew, Advocate, his Cell No. 9820535428, came to my residence
     voluntarily and insisted on me to sign an order which was already prepared in my name. In the said
     order I was required to give notice to the Hon’ble Judges as named below:
104. The Chief Justice of India, Mr. Justice “… J.S.K….” and Justice Mr. “… D.M. …”, on the basis of a
     suicide note written by former Chief Minister of Arunachal Pradesh, which I totally deny and
     simultaneously directed my personal security officer to send out the said Advocate from my
     residence. Accordingly he was sent out. The copy of the writ petition and the order prepared by the
     above mentioned Advocate Mr. Mathew is enclosed herewith. A detailed enquiry may be conducted
     133
     on this issue and have the report submitted to the Hon’ble Judges as mentioned above for necessary
     investigation and appropriate action.
     The aforesaid communication was endorsed by the Registrar General of the Calcutta High Court to
     the Supreme Court, alongwith its enclosures. The enclosures contained the text of a writ petition
     filed in the name of Bijoy Krishna Adhikary, and also, the alleged draft order, which Justice Karnan
     claims, he was asked to sign.
105. Whilst the contempt proceedings were going on, Justice Karnan regularly addressed letters, to
     this Court with reference to his alleged conduct, and the proceedings that had been initiated against
     him, he also continued to address the media on the subject. At this very relevant juncture, he passed
     another suo-motu judicial order (purportedly, invoking Article 226 of the Constitution of India, read
     with Section 482 of the Code of Criminal Procedure), dated 15.3.2017. The text of the above order
     is reproduced below:
     IN THE HIGH COURT of JUDICATURE AT CALCUTTA Suo-motu Judicial Order passed after
     invoking Article 226 of the Constitution of India read with Section 482, Code of Criminal
     Procedure.
     Present Justice C.S. Karnan
     Dt. 15.03.2017
     To
     The Director,
     Central Bureau of Investigation,
     New Delhi
     I have made a complaint before the Hon’ble Prime Minister of India, against 20 Hon’ble Judges
     consisting of Supreme Court and High Court Judges, namely:
106. Mr. Justice “… S.K.K. …”;
107. Mr. Justice “… S.M.K. …”;
108. Mr. Justice “… V.R.S.M. …”;
109. Mrs. Justice “… C.V….”;
110. Mr. Justice “… R.S.R….”;
111. Mr. Justice “… R.K.A….”;
112. Mr. Justice “… T.S.T….”;
113. Mr. Justice “… M.Y.E….”;
114. Mr. Justice “… I.K….”;
115. Mr. Justice “… A.K….”;
116. Mr. Justice “… E.D.R….”;
117. Mr. Justice “… K.N.B….”;
118. Mr. Justice “… A.A….”;
     134
119. Mrs. Justice “… A.J….”;
120. Mr. Justice “… V.D….”;
121. Mr. Justice “… M.M.S….”;
122. Mr. Justice “… N.K….”;
123. Mr. Justice “… N.N….”;
124. Mr. Justice “… T.R….”;
125. Mr. Justice “… S….”.
     The said complaint is still pending enquiry on the file of the Hon’ble Prime Minister of India. In the
     said complaint I have mentioned 10 inferences in order to probe the dishonesty of Judges.
     Under these circumstances the Hon’ble Supreme Court had issued Suo-motu Contempt Order on
     8.2.2017 against me and also restraining my judicial and administrative work, the said order is not
     sustainable under law since no jurisdiction, no cause of action arise from the Supreme Court and no
     provision. As such the Hon’ble Judges have misused their judicial and administrative power. Further
     the Hon’ble 7 Judges who after breaking the Indian Constitutional Law by constituting an
     unconstitutional Bench, hence they are the contemnors since they have committed contempt of their
     own Court. Further the Hon’ble Judges have wantonly, deliberately and with mala fide intention
     insulted me at a public institution which amounts to harassment towards a Dalit Judge. As such all
     the 7 Hon’ble Judges have been squarely covered under the Scheduled Castes and Scheduled Tribes
     Atrocities Act. Hence, I have passed a Suo-motu Judicial Order to you on 10.03.2017 for a
     comprehensive enquiry and to submit the final report before the Parliament.
     Now I am giving one more direction through my Suo-motu Judicial Order to conduct a detail
     enquiry on my complaint dated 23.1.2017 and submit the final report before the Parliament for
     further discussion, since it is a national issue. Further normally a complaint if levelled by any
     citizen of India against whomsoever he may address, then that complaint has to be disposed of on
     merits which is the procedure of law. In my case the Hon’ble 7 Judges without following the
     procedures of law whatsoever and by taking the law in their hands have operated their judicial and
     administrative power as per their own liking, besides the Hon’ble Judges wantonly and deliberately
     have ignored the Hon’ble Prime Minister’s Office wherein my complaint is pending enquiry. As
     such the Hon’ble Judges have violated Article 219 of the Constitution besides violating the principle
     of natural justice besides functioning against Article 14, 21 and 19(g)(i) which are prime Articles of
     the Constitution.
     Therefore, on my complaint on 23.1.2017 which has to be decided on merits is of paramount
     importance in order to maintain the public confidence and balance of convenience. Further I
     undertake that I will extend my full co-operation and co-ordination to establish my complaint dated
     23.1.2017 and with sufficient documentary proof which is available at the Madras High Court
     Registry. Accordingly ordered.
126. Justice “… J.S.K. …”-Chief Justice of India
127. Justice “… D.M. …”
128. Justice “… J.C….”
129. Justice “… R.G….”
130. Justice “… M.B.L….”
131. Justice “… P.C.G….”
132. Justice “… K.J….”
     135
     My Lords, on my impugned complaint dated 23.1.2017 which has been levelled against 20 Judges
     under corruption charges. Now the said complaint has to be decided on merits by the Director,
     Central Bureau of Investigation, New Delhi. Therefore your Suo-motu Contempt Petition No. 1 of
     2017 and its interim orders including bailable warrant becomes infructuous and null and void.
     Hence I make a deep request to cancel your above mentioned Constitutional Bench and restore my
     normal judicial and administrative work and oblige.
     Yours,
     Sd/-
     (Justice C.S. Karnan)
     It is not necessary for us to summarize the contents of the letter extracted above. We have chosen
     not to highlight any portion thereof. The contents of the letter however demonstrate, the extent of
     malice and contempt in the mind of Justice Karnan against his colleague Judges.
133. On 16.3.2017, Justice Karnan addressed the following communication to the members of this
     Bench:
     To
     Date: 16.03.2017
134. Justice “… J.S.K. …”-Chief Justice of India
135. Justice “… D.M….”
136. Justice “… J.C. …
137. Justice “… R.G. …”
138. Justice “… M.B.L. …”
139. Justice “… P.C.G….”
140. Justice “… K.J….”
     My Lords, you have constituted an unconstitutional Bench after breaking the Indian Constitutional
     Law and passed a Suo-Motu contempt order against me in Suo-Motu Contempt Petition No. 1 of
     2017 wherein you have restrained my judicial and administrative work, the said order has been
     passed with malafide intention in order to harass a Dalit Judge (myself).
     The factual position of the case is that I have levelled a complaint dated 23.1.2017, against 20
     Judges for dishonesty before the Hon’ble Prime Minister of India which is pending enquiry. Under
     these circumstances, the above mentioned Hon’ble Judges have issued a Suo-Motu contempt order
     in order to protect the corrupt Judges. As such the above mentioned Hon’ble Judges have also
     colluded with them and secured their support by way of operating judicial power out of cause of
     action, out of jurisdiction, out of provision and constituted a wrong forum.
     Judge means a dignified person of Law who has to hear both sides of the case and pass order in
     accordance with law. In the instant case the Hon’ble Judges have defended the case on behalf of the
     20 erring Judges. Therefore, the Hon’ble seven Judges and other 20 Judges as mentioned are the
     Opposite parties/Respondents and myself a complainant. As such the Hon’ble seven Judges passed a
     Suo-Motu order which is illegal and improper. Hence I request you to cancel the unconstitutional
     Bench and restore my normal work.
     136
     However, the Hon’ble seven Judges have prevented me in carrying out my judicial and
     administrative work from 8.2.2017 until now. Therefore, I am calling up on all seven Judges to pay
     compensation, a sum of Rs. 14 Crores (Rupees fourteen crores only) as compensation since you
     have disturbed my mind and my normal life, besides you have insulted me in the general public
     consisting of a population of 120 crores in India due to lack of legal knowledge. Now all seven
     Judges shall pay a part of the compensation within a period of 7 days from the date of receipt of this
     order, failing which on the same stand of yours (same footing), I will restrain judicial and
     administrative work of yours.
     This is for your information.
     Yours,
     Sd/-
     (Justice C.S. Karnan)
     The letter extracted above, also needs no further elaboration, and as such, we do not desire to
     substantiate the accusations levelled by Justice Karnan therein, any further.
141. The bailable warrant issued in this case, to procure the personal presence of Shri Justice C.S.
     Karnan, was served on him on 17.3.2017. Having signed the same in token of being duly served,
     Shri Justice C.S. Karnan recorded the following note thereon, in his own handwriting:
     On my complaint dated 23.1.2017, the Supreme Court has issued a Suo-Motu Contempt Order. On
     the same complaint, I directed the CBI to conduct a detailed enquiry and submit a final report
     before the Parliament at Delhi. Under the circumstances the bailable warrant is duly rejected,
     further I ordered to the CBI to register a criminal case against seven Judges of the Supreme Court
     and Attorney General under the SC/ST Atrocities Act. As such all the seven Judges are Accused
     under the said Act. Hence I urge the Hon’ble seven Judges to resign their respective posts in the
     interest of justice and national welfare. Therefore the Hon’ble Judges have no locus standi to
     proceed the Contempt Proceedings against me any further. Since now the complaint regarding the
     SC/ST Act between the Hon’ble Judges and myself, I hope the Hon’ble Judges in future should not
     commit such a kind of illegal order with malafide intention otherwise the jurisdiction system will
     deteriorate, therefore I rejected the bailable warrant produced by the Ld. DGP & IG.
     Shri Justice C.S. Karnan also addressed a letter dated 17.3.2017 to the members of the Bench
     hearing this case. The text of the same, is reproduced below:
     To
     Date: 17.03.2017
142. Justice “… J.S.K. …”-Chief Justice of India
143. Justice “… D.M….”
144. Justice “… J.C….”
145. Justice “… R.G….”
146. Justice “… M.B.L….”
147. Justice “… P.C.G….”
     137
148. Justice “… K.J….”
     My Lords, your bailable order dated 10.3.2017 in the Suo-motu Contempt Proceedings today, top
     Police Officers from the Calcutta High Court Circle came to my residence in order to execute the
     bailable warrant earmarked for 10.30 am on 31.3.2017. I rejected the same after assigning valid
     reasons. This kind of demeaning acts from your Lordships and further perpetrating the Atrocities
     Act is absolutely out of law to the utter embarrassment of a Dalit Judge. Hence, I request you to
     stop your further harassments in order to uphold the dignity and decorum of our Courts.
     Yours,
     Sd/-
     (Justice C.S. Karnan)
149. On 31.3.2017 (the next date of hearing, after 10.3.2017), Shri Justice C.S. Karnan appeared in
     person, and advanced submissions. During the course of hearing, he also handed over to the Bench,
     the following signed text, dated 25.3.2017:
     To
     Date: 25.03.2017
150. Justice “… J.S.K. …”-Chief Justice of India
151. Justice “… D.M. …”
152. Justice “… J.C. …”
153. Justice “… R.G. …”
154. Justice “… M.B.L. …”
155. Justice “… P.C.G. …”
156. Justice “… K.J. …”
157. Now I unconditionally withdraw my complaint dated 23.1.2017 against 20 Hon’ble Judges
     alleging that they were dishonest in their behavior. The said complaint addressed to the Hon’ble
     Prime Minister of India. Hence I entreat this Hon’ble Court that the Suo-motu Contempt
     proceedings may be closed since my complaint is no more in force.
158. I unconditionally tender an apology before this Court if I committed contempt of Court.
159. I will follow Your Lordship’s advice and guidelines in future in order to maintain the judicial
     system and its integrity.
160. I will be retiring on 11.6.2017, therefore, I make a deep request to permit me to retire from the
     Bench with the blessings of all brother and sister Judges of the Calcutta High Court. Hence, I pray
     Your Lordships to restore my judicial and administrative work and thus render justice and oblige.
     Yours,
     Sd/-
     (Justice C.S. Karnan)
     A perusal of the above communication, reveals an unmistakable acknowledgement by Justice
     Karnan, that he had factually addressed the letter dated 23.1.2017, wherein, he had levelled
     138
     allegations of corruption, against 20 Judges by name. However, in the submissions made in the
     open Court, he reiterated the allegations against his former colleague Judges. Since the oral
     submissions made by Shri Justice C.S. Karnan during the course of hearing on 31.3.2017, were in
     complete contrast with the contents of the note extracted above, this Court passed the following
     fourth judicial order, on 31.3.2017:
161. Shri Justice C.S. Karnan has entered appearance in Court in person. He was repeatedly asked,
     whether he affirms the contents of the letters, written by him, as are available on the record of the
     case. He was also asked whether he would like to withdraw the allegations. The instant latter query
     was made on the basis of a letter dated 25.03.2017, which Shri Justice C.S. Karnan personally
     handed over to us, in Court today. He has not responded, in any affirmative manner, one way or the
     other. We would therefore proceed with the matter only after receipt of his written response. Shri
     Justice C.S. Karnan is hereby called upon to respond to the factual position indicated in the various
     letters, addressed by him to this Court, within four weeks from today. His response shall be filed by
     way of an affidavit. Shri Justice C.S. Karnan is directed to appear in Court in person on the next
     date of hearing.
162. The repeated requests of Shri Justice C.S. Karnan, that he should be permitted to discharge
     judicial and administrative duties, are declined.
163. Post for hearing on 01.05.2017, at 10.30 A.M.
     It is pertinent to record, that after the above order had been dictated, Justice Karnan while moving
     away commented, that he may be sent to jail, but he would not appear before this Court again.
164. True to his statement, Shri Justice C.S. Karnan did not enter appearance on next date of hearing,
     (on 1.5.2017). But having viewed his submissions and his demeanour during the course of hearing
     on 31.3.2017, and having contrasted the same with the written text (-dated 25.3.2017), this Court
     was prima facie of the view, that he may not be in a fit condition to defend himself. It was therefore,
     that his medical examination, was ordered on 1.5.2017. The above order dated 1.5.2017-the fifth
     judicial order of the proceedings, is reproduced below:
165. 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.
166. 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.
     139
167. 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.
168. The Medical Board shall submit its report to this Court, on or before 8.5.2017.
169. 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.
170. Post on 9.5.2017, at 10.30 A.M., for further orders.
171. 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.
     A perusal of the above order reveals, that a further direction was issued by this Court, keeping in
     mind strange suo-motu judicial orders passed by Shri Justice C.S. Karnan, from time to time. By the
     instant direction, Courts, Tribunals, Commissions and Authorities were directed not to take
     cognizance of any order passed by Shri Justice C.S. Karnan, after the initiation of the suo-motu
     contempt proceedings against him on 8.2.2017, wherein he had already been restrained from
     handling any judicial or administrative work.
172. In our considered view, it is not necessary for us to highlight all the submissions made by Shri
     Justice C.S. Karnan to the media, as well as, the orders passed by him. All these orders were placed
     in public domain (by Justice Karnan), well before the same were delivered to this Court. His
     interviews with the media, and the orders passed by him were extremely disparaging, illustratively,
     by an order dated 13.4.2017, he ordered the registration of a case under the provisions of the
     Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against all the 7
     members of the Bench; by another order dated 28.4.2017, he directed the Air Control Authority,
     New Delhi, not to allow any of the 7 members of the Bench to travel abroad; and by yet another
     order dated 7.5.2017, he sentenced all the 7 members of the Bench, and Mrs. Justice “… R.B….” to 5
     years rigorous imprisonment. All this was widely reported by the media in India, as well as, by the
     foreign media. The BBC also, reported on the issue.
173. The matter was finally taken up for hearing on 9.5.2017. During the course of hearing, Shri
     Rakesh Dwivedi, learned senior Counsel representing the State of West Bengal informed the Bench,
     that in compliance with the directions issued by this Court on 1.5.2017, the Director, Health
     Services, Government of West Bengal had constituted a Board of Doctors from Pavlov Government
     140
     Hospital, Calcutta, to examine Justice Karnan. He informed this Court, that the Board of Doctors
     had approached Shri Justice C.S. Karnan, at his residence (along with police personnel). He also
     informed the Bench, that Justice Karnan had met the Board of Doctors, and had spoken to them.
     Justice Karnan, the Bench was informed, told the Board of Doctors, that he was in a fit state of
     health, mentally and otherwise, and needed no medical evaluation. We are of the view, that
     psychiatrists on the Board of Doctors, would have been in opposition to evaluate the mental health
     of Justice Karnan, during the above interaction. Had they found anything remiss, they would have
     informed this Court accordingly. Since no report has been submitted by the Board of Doctors, we
     would assume, that they had found nothing significant enough to report. We would, therefore,
     accept the assertion of Justice Karnan, that he is medically and mentally fit, to defend himself.
174. In the above view of the matter, we would have to rely on the defence tendered by him, in the
     form of various communications dispatched to this Court from time to time, as also, during the
     course of hearing, when he appeared in person on 31.3.2017. There is no other alternative with us.
     We had granted liberty to Justice Karnan vide our order dated 1.5.2017, to furnish his response to
     the show cause notice (-before 8.5.2017), with the clear indication, that if he choose not to file any
     response, the Court would proceed with the matter by presuming, that he had nothing more to say.
175. On the merits of the controversy, this Court was assisted by Shri Mukul Rohtagi, learned
     Attorney General, from time to time. He was unequivocal in his submission, that Shri Justice C.S.
     Karnan had consistently committed gross contempt of this Court. In view of the factual position
     which had emerged, after this Court issued the show cause notice to Shri Justice C.S. Karnan (-on
     8.2.2017), it was the pointed contention of the learned Attorney General, that Shri Justice C.S.
     Karnan had also committed contempt, in the face of this Court, by openly denouncing a large
     number of Judges with allegations of corruption, and by passing orders which had neither any legal
     sanction nor any justification. Mr. Maninder Singh, learned Additional Solicitor General, reiterated
     the above position. Shri Rupinder Singh Suri, the President of the Supreme Court Bar Association,
     and Shri Ajit Kumar Sinha, its Vice-President also assisted this Court. They were also unequivocal
     in their submission, that Shri Justice C.S. Karnan was guilty of having consistently and repeatedly
     committed criminal contempt. Shri K.K. Venugopal, learned senior Counsel representing the
     Registrar General of the Madras High Court, while endorsing the views expressed by all the other
     learned Counsel, submitted that a final decision in the matter, be deferred till such time as Shri
     Justice C.S. Karnan demits his office as Judge of the High Court. It was submitted, that Shri Justice
     C.S. Karnan, would retire on attaining the age of superannuation on 11.6.2017. It was urged, that
     the image of the institution would be tarnished, in case Shri Justice C.S. Karnan was punished for
     contempt of Court, whilst he is holding the high constitutional office.
176. We have given our thoughtful consideration to the factual position noticed hereinabove, as also,
     the submissions advanced by learned Counsel, who assisted us during the course of hearing. We
     have carefully examined the text of the letters written by Shri Justice C.S. Karnan, from time to
     time. We have closely examined the suo-motu procedure adopted by him, whereby he passed orders
     which were derogatory to the administration of justice, before he was issued notice for contempt, by
     this Court. We have also carefully analysed the orders passed by Shri Justice C.S. Karnansuo-motu
     (in the purported exercise of the jurisdiction vested in him Under Article 226 of the Constitution of
     India, read with Section 482 of the Code of Criminal Procedure), even after the issuance of the
     contempt notice to him, by this Court. His demeanour was found to have become further aggressive,
     after this Court passed orders from time to time, in this case. The contents of the letters addressed
     141
     by him contained scandalous material against Judges of High Courts and the Supreme Court. This
     correspondence was addressed to the highest constitutional authorities, in all three wings of
     governance-the legislature, the executive and the judiciary. His public utterances, turned the judicial
     system into a laughing stock. The local media, unmindful of the damage it was causing to the
     judicial institution, merrily rode the Karnan wave. Even the foreign media, had its dig at the Indian
     judiciary. None of his actions can be considered as bona fide, especially in view of the express
     directions issued by this Court on 8.2.2017, requiring him to refrain from discharging any judicial
     or administrative work. To restrain his abuse of suo-motu jurisdiction, a further order had to be
     passed by this Court on 1.5.2017, restraining Courts, Tribunals, Commissions and Authorities from
     taking cognizance of any order passed by Justice Karnan.
177. We are of the considered view, that Justice Karnan shielded himself from actions, by trumpeting
     his position, as belonging to an under-privileged caste. By assuming the above position, he levelled
     obnoxious allegations against innumerable Judges of the Supreme Court, Chief Justices of the High
     Courts, but mostly against Judges of the Madras High Court. The list of Judges against whom
     allegations were levelled by Justice Karnan, include the following:
178. Justice Jagdish Singh Khehar-Chief Justice of India,
179. Justice P. Sathasivam-former Chief Justice of India,
180. Justice T.S. Thakur-former Chief Justice of India,
181. Justice Dipak Misra-Judge, Supreme Court of India,
182. Justice J. Chelameswar-Judge, Supreme Court of India,
183. Justice Ranjan Gogoi-Judge, Supreme Court of India,
184. Justice Madan B. Lokur-Judge, Supreme Court of India,
185. Justice Pinaki Chandra Ghose-Judge, Supreme Court of India,
186. Justice Kurian Joseph-Judge, Supreme Court of India,
187. Justice R.K. Agrawal-Judge, Supreme Court of India,
188. Justice R. Banumathi-Judge, Supreme Court of India,
189. Justice Sanjay Kishan Kaul-Judge, Supreme Court of India,
190. Justice F.M.I. Kalifulla-former Judge, Supreme Court of India,
191. Justice M.Y. Eqbal-former Judge, Supreme Court of India,
192. Justice S.K. Agnihotri-Chief Justice, High Court of Sikkim,
193. Justice R. Sudhakar-Judge, High Court of Jammu & Kashmir,
194. Justice v. Ramasubramanian-Judge, High Court of Judicature at Hyderabad
195. Justice S. Manikumar-Judge, High Court of Madras,
196. Justice S. Nagamuthu-Judge, High Court of Madras,
197. Justice M. Sathyanarayanan-Judge, High Court of Madras,
198. Justice C.T. Selvam-Judge, High Court of Madras,
199. Justice N. Kirubakaran-Judge, High Court of Madras,
200. Justice M.M. Sundresh-Judge, High Court of Madras,
201. Justice T. Raja-Judge, High Court of Madras,
202. Justice K. Swamidurai-former Judge, High Court of Madras,
203. Justice Chitra Venkataraman-former Judge, High Court of Madras,
204. Justice K.N. Basha-former Judge, High Court of Madras,
205. Justice v. Dhanapalan-former Judge, High Court of Madras,
206. Justice S. Tamilvanan-former Judge, High Court of Madras,
207. Justice Elipe Dharma Rao-former Judge, High Court of Madras,
208. Justice R.S. Ramanathan-former Judge, High Court of Madras,
     142
209. Justice ArunaJagdeesan-former Judge, High Court of Madras,
210. Justice G.M. Akbar Ali-former Judge, High Court of Madras.
211. None of the allegations levelled by Justice Karnan were supported by any material. His
     allegations were malicious and defamatory, and pointedly by name, against many of the concerned
     Judges. He carried his insinuations to the public at large, in the first instance, by endorsing his
     letters carefully so as to widely circulate the contents of his communications, to the desired circles.
     Some of his letters were intentionally endorsed, amongst others, to the President of the Tamil Nadu
     Advocate Association. And later, through the internet, he placed his point of view, and the entire
     material, in the public domain. During the course of hearing of the instant contempt petition, his
     ridicule of the Supreme Court remained unabated. In fact, it was heightened, as never before. In this
     process, he even stayed orders passed by this Court. One of the orders passed by him, restrained the
     Judges on this Bench, from leaving the country. By another order he convicted the Judges on this
     Bench, besides another Judge of this Court, and sentenced them to 5 years imprisonment, besides
     imposing individual costs on the convicted Judges. In the background of the factual position
     summarized above, while disposing of the suo-motu contempt petition on 9.5.2017, we had
     directed, that no further statements issued by Shri Justice C.S. Karnan would be publicized. The
     instant restraint order, however, does not prevent or hinder any public debate on the matter,
     academic or otherwise. We have not restricted, the media in any manner, other than, to the limited
     extent expressed above. We hope and expect, that a meaningful debate, would lead to a wholesome
     understanding of the issue, from all possible perspectives.
212. From the narration expressed in the preceding paragraphs, we have no hesitation in concluding,
     that the actions of Shri Justice C.S. Karnan constituted the grossest and gravest actions of contempt
     of Court. He has also committed contempt, in the face of the Court. He is therefore liable to be
     punished, for his unsavoury actions and behavior. We are satisfied that he should be punished for
     his above actions, with imprisonment for six months. Ordered accordingly.
     Note: The emphasis supplied in all the quotations in the instant judgment, are ours