NEW DELHI: Chinnaswamy Swaminathan Karnan, who’s giving a migraine to the highest judicial brains, was appointed decide of the Madras excessive courtroom in March 2009, studies the overseas media.
On February eight, the SC had stripped Karnan of all judicial and administrative work and requested him to personally seem in courtroom on February thirteen to elucidate why contempt motion shouldn’t be initiated towards him for improper conduct and intemperate remarks.
A defiant Karnan additionally issued an “order” directing the CBI to register and probe instances beneath Article 226 and CrPc Part 482 towards a number of judges from totally different courts for corruption, rape and embezzlement.
“I had written to the PM to provoke investigations towards a minimum of 22 corrupt judges. That was on January 23 this yr. Most of them are from higher castes and that’s the reason no investigation has began. It’s as a result of I used to be daring to convey expenses towards them that I’m being cornered now. I’m a Dalit and that’s the reason I’m being focused,” he stated. He additionally appealed to the President to revoke the warrant towards him. “Solely the President can restore my status now and I attraction to his good workplaces,” Karnan stated.
Karnan noticed that no contempt motion, both civil or felony, could be initiated towards a sitting HC decide underneath Sections 2(c), 12 and 14 of the Contempt of Courts Act or beneath Article 20 of the Structure. “Solely a movement of impeachment might be initiated towards a sitting decide of the upper judiciary earlier than the Parliament after due enquiry beneath the Judges’ Enquiry Act”. He added, “The SC shares equal energy and rights with all of the HCs of the nation . It isn’t my grasp and I’m not its servant. I can’t seem earlier than the SC.”
None of a number of former judges who have been members of the SC collegium, headed by the then CJI KG Balakrishnan, on the time, had any recollection of Karnan’s traits. “It was eight lengthy years in the past. As collegium members, we should have chosen over one hundred individuals for appointment as judges,” stated one of many judges.”We principally go by the suggestions of the HC collegium comprising the chief justice and the 2 most senior judges. Earlier than approving the advice, we do take the opinion of SC judges who have been related to the HC to which the appointment is really helpful,” the decide added, an opinion echoed by others.
Two former SC judges who have been related up to now with the Madras HC, and whose opinion was sought by the SC collegiums, stated reminiscence failed them on Karnan. However the then members of the SC collegium recalled that the Madras HC collegium -which on the time comprised the then chief justice AK Ganguly and Justice PK Misra and Justice Mukhopadhaya – had despatched the proposal for Karnan’s appointment as a decide.
Nevertheless, the choice of Karnan, who now throws up his Dalit background to assault the judges by accusing them of victimising him, by the HC collegium got here as no shock for a lot of who began their profession from the Madras HC and ended up as CJIs or SC judges. “There’s an unwritten conference within the Madras HC collegium to provide alternatives to advocates from the Dalit class to turn out to be judges even if there isn’t any reservation in such appointments,” stated a decide. The SC judges and CJIs, who have been made conscious of Justice Karnan’s actions and mindset after he began throwing tantrums now and again, it was stated that he suffered from a persecution complicated. “He all the time felt that he was being focused due to his Dalit background and attacked his colleague judges for this. On the similar time, he didn’t spare different judges who belonged to the Dalit group,” stated one other decide.
Justice Karnan was described as a loner who didn’t work together a lot together with his colleagues. The judges the overseas media spoke to have been unanimous that it is extremely troublesome to rein in an HC decide who decides to go the best way Justice Karnan has. Karnan’s repeated allegations and threats towards colleague judges and the chief justices of Madras HC had led to his switch to the Calcutta HC. However the switch seems to have had the other influence, together with his allegations rising extra sulphuric. Justice Karnan is because of retire in lower than three months on June eleven.
Regardless of being divested of judicial and administrative powers by a CJI-headed seven decide bench that has issued bailable arrest warrants towards him for defying summons within the contempt of courtroom proceedings drawn towards him, Karnan has handed an order towards the judges for ruining his status, in search of Rs one hundred forty million as damages.
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