“Why police was sent to my residence. I am not a terrorist or an anti-social element” / “Restore My Judicial Work Or Send Me To Jail. arrest me”. Calcutta HC Judge Justice C S Karnan to CJI-led bench during the contempt case hearing. Live Law presents you with the gist of the one-hour long gripping court room exchange.
HERE IT IS:
AG Mukul Rohatgi: (Pointing to Karnan) The Contemnor is here
Justice Karnan: (Lists a number of cases and complaints against several other judges he made) says “Instead action is being taken against me
CJI Khehar: So it means that ..we take it that you stand by what you said in your complaint. See you should be very careful in your response. If you want to say that you want to think about it then we can give you time
Karnan: Please restore my judicial work
CJI: We will allow you to think. We want you to be completely relaxed
Karnan: After restoring my work, I can relax. Only then I can relax
Justice Chelameswar: Our question now is do you wish to be defended by a lawyer? A counsel? If you want we can appoint somebody.
Justice Misra: The letter you gave dated March 25 suggests you want to unconditionally apologize
Karnan: Yes my unconditional apology may be accepted
Justice Misra : So are you ready to unconditionally apologize or affirm your earlier allegations. In that case we shall proceed with the contempt and allow you to appoint a lawyer
Karnan: No I am not a contemnor. My whole work was taken away without hearing me. Every body asking me why your work was taken away. I live in a colony. So many people know me. I have no answer
CJI: The letter of March 25 you say complaint withdrawn against all 20 judge. Then you say allow me to work and then you will supply us with material to prove the complaint against the judges. We are not able to understand. You still stand by your allegations?
CJI to Rohatgi and K K Venugopal: Seriously one feels he may not be in a condition to respond. Seriously we do not know if he is in a position to comprehend or understand what we are asking
AG: The point is that I personally feel that from the point he made the allegations, coupled with scandalous press conferences, stayed his transfer, the gentleman knows what he is doing.
CJI: To my view these all the more shows why he is not in a position to comprehend
AG: No I don’t think so..He goes on naming judges he knows press will say that the particular judge is corrupt
Karnan: Everybody knows
AG: If he does not accept a lawyer, then nothing remains. Is is open and shut
Adv R Dwivedi (For W Bengal DGP) When police was sent, he made bad comments about the seven judges who passed the warrant order. Said they had no locus standi, said it was illegal, malafide. He made several abominable comments
Karnan: Why was police sent? What did I do ? I am not a terrorist or an anti-social element. Your lordship should protect my dignity. It has been spoiled in public. I am also holding a constitutional office
CJI: When we issued a notice to you you did not enter presence..Why? that is why bailable warrant was issued..It is not as if you are a terrorist. Despite being a judge you were not complying with a court’s directions.
CJI: So we are giving you time to reply
Karnan: First you restore my work. If contempt proceedings proved against me any punishment is fine
CJI: We will proceed only after we get a written response from Justice Karnan. A response by way of an affidavit
Karnan: If my work is not restored I cannot file a reply. I am very mentally disturbed
CJI: (WHILE RISING AFTER PASSING THE ORDER) If you feel that you are mentally not in a position to reply give a medical certificate. Then we will consider
Karnan: I want punishment. Send me to jail. Please record this. I will not appear before you next hearing. Arrest me. Put me in jail"