Supreme Court orders medical examination of Justice Karnan on May 4

New Delhi, May 1
Suspecting that he is not mentally fit, the Supreme Court on Monday ordered setting up of a medical board to examine Calcutta High Court Judge CS Karnan who has been issuing orders against Chief Justice of India JS Khehar and other judges after initiation of contempt proceedings against him.
Justice Karnan–who was proceeded against for contempt on February 8 for writing letters to various authorities, including the Prime Minister, accusing several judges of corruption—didn’t appear before the top court.
A seven-judge bench headed by CJI Khehar asked the medical board of doctors from a government hospital in Kolkata to examine Justice Karnan on May 4 and submit a report on or before May 8.
The bench fixed May 9 for further hearing when it will pass order on merits and dispose of the case.

The bench said the statements given by him to the press and the orders passed by him “indicate that he may not be in a position to defend himself in these proceedings”.
The top court also directed the West Bengal Director General of Police to constitute a team of police personnel to assist the medical board in conducting the examination.
The bench restrained all courts, tribunals, commissions and authorities from acting on the orders passed by Justice Karnan, including the ones asking the top court judges to appear before him in Kolkata and directing airport authorities not to allow them to leave India.
The court gave yet another opportunity to Justice Karnan to furnish his response in the matter.
The bench also allowed the Supreme Court Bar Association’s plea to intervene and assist the court in the matter.
Referring to the orders passed by Justice Karnan and statements made in the press since initiation of contempt proceedings against him on February 8, Attorney General Mukul Rohatgi requested the court to straightway proceed to punish him as he had aggravated the contempt.
“Judiciary can’t become a laughing stock…this is something which is completely unacceptable,” Rohatgi said.
However, senior counsel KK Venugopal said it was clear from the orders passed by Justice Karnan and his public utterances that he is not mentally fit enough to take proper decisions.
“He can’t be taken seriously…Fortunately he is retiring in June,” Venugopal said requesting the bench to take up the matter after his retirement.
“It’s too late to initiate impeachment proceedings against him. Allow him to retire and then consider it after June,” the senior counsel said.
“Anybody can play this trick with us (that he is mentally unfit),” the bench shot back.
But still the bench chose to give further time to Justice Karnan.
Faced with a contempt charge, controversial Calcutta High Court judge CS Karnan on March 31 dared the Supreme Court to send him to jail after it refused to restore his judicial and administrative work.
“My lord, impose punishment on me…send me to jail. I will not appear on the next date,” Justice Karnan had told the seven-judge Bench headed by CJI Khehar after it refused to restore his judicial and administrative work withdrawn last month in view of the contempt proceedings.
“Unless you restore my work, I will not be normal,” Justice Karnan had said, questioning the top court’s decision to impose what he termed as “punishment” without hearing him out.
“I am also holding a constitutional post. My dignity has been hurt and work has been taken away without hearing me,” Justice Karnan–who earned the dubious distinction of being the first sitting judge of a high court to appear as a contemnor before the top court–had told the bench.
Even on the last date, the CJI had asked Justice Karnan if he was mentally fit to understand the gravity of the contempt proceedings.
But it had given him four weeks to firm up his response and file an affidavit as he gave confusing and conflicting answers to the questions posed by the bench.
It asked him to be personally present on May 1 and advised him to engage a lawyer to represent him.
After the March 31 hearing, Justice Karnan has passed several orders against the Supreme Court judges, including CJI Khehar, saying they were in contempt of his order.
Justice Karnan had earlier demanded Rs 14 crore as compensation from the seven judges on the bench for disturbing his mind and normal life.
On the last date, he had repeated the allegations levelled in his complaints to the Prime Minister and other constitutional authorities. At the same time, he had said that he wanted to apologise because of his respect for the institution.
“But what you are saying is contrary to what you have written to us. In your letter, you have tendered an unconditional apology,” the CJI had told Justice Karnan asking him to clarify his position.
In a first, the Supreme Court had on March 10 issued a bailable warrant against Justice Karnan after he failed to appear before it for the second time to answer a contempt notice.
It had ordered West Bengal Director General of Police to execute the warrant to secure the presence of Justice Karnan before the top court on March 31. He had been ordered to furnish a personal bail bond of Rs 10,000.
After the top court’s order, Justice Karnan had described the bailable warrant against him as “unconstitutional”. Talking to the media in Kolkata, Justice Karnan had said: “I am being targeted as I am a Dalit. This is a caste issue. The order has been deliberately issued against me. This is an attempt to ruin my life. The warrant is unconstitutional.”
In an unprecedented order, the SC had on February 8 issued contempt notice to Justice Karnan and ordered him to forthwith refrain from discharging any judicial or administrative functions and return all files. It had asked him to appear before it on February 13.
As he failed to appear, the top court gave him 25 days to respond to the contempt notice and asked him to appear on March 10 but he didn’t show up. Then the court had issued the bailable warrant against him for March 31 when he appeared before it and declared that he would not appear before the SC on the next date.