Lok Sabha Question No. 2797 (UNSTARRED), answered on 2017-08-02
Subject: Conviction of a Sitting HC Judge
Ministry: LAW AND JUSTICE
Asked by: BALASUBRAMANIAM SENGUTTUVAN

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA UNSTARRED QUESTION NO.2797 TO BE ANSWERED ON WEDNESDAY, THE 02.08.2017

## Conviction of a Sitting HC Judge

## 2797 SHRI B. SENGUTTUVAN:

- Will the Minister of LAW AND JUSTICE be pleased to state: (a) whether the Supreme Court has convicted any sitting HC Judge for contempt of court and sentenced him to six months of imprisonment and if so, the details thereof; (b) whether the convicted judge upon his conviction, abandoned service, absconded and went into hiding till he was eventually arrested and imprisoned in jail and if so, the details thereof; (c) whether the Supreme Court sent a medical team to examine the said HC Judge who stated to them that since he was in perfect health, there was no need for medical examination and if so, the details thereof; (d)  whether  the  said  judge  whilst  in  office  hurled  charges  of  caste  discrimination  and corruption against fellow judges and the Supreme Court Judges and issued untenable restraint orders and if so, the details thereof; (e)  whether  the  Ministry  would  furnish  the  particulars  of  his  elevation  including  names  of judges  constituted  the  collegium  that  recommended  his  name  and  his  distinguished  legal practice, if any, etc.; (f) if so, whether this instance is symptomatic of the evils of collegium system of recruitment of HC Judges selected on the basis of whims and fancies when an ordinary junior civil judge
- and magistrate will have to undergo several ability tests and interviews; and
- (g) if so, the steps being taken by the Government in this regard?

## ANSWER

## Minister of State for Law and Justice and Electronics and Information Technology

## (SHRI P.P. CHAUDHARY)

- (a) : As per the Judgment of the Hon'ble Supreme Court dated 09.05.2017 available on the website of the Supreme Court, a seven member Supreme Court Bench headed by the Chief Justice of India, in a Suo-Motu contempt petition (Civil) No. 1 of 2017 against Shri Justice C.S. Karnan, Judge (retd.) of the Calcutta High Court has convicted him with imprisonment

for  six  months  for  his  grossest  and  gravest  actions  of  contempt  of  Court,  as  his  conduct towards  a  large  number  of  Judges  and  Judiciary  in  general  had  seriously  blemished  and tarnished the image of those concerned in particular, and judiciary as a whole.

(b)  :      As  per  the  information  made available by the Hon'ble Supreme  Court the Director General  &  Inspector  General  of  Police,  West  Bengal  in  his  report  to  the  Supreme  Court, pursuant to the direction of Supreme Court dated 9.5.2017, submitted that the Police team of West  Bengal  Police  could  not  trace Shri  Justice  C.S.  Karnan.  The  Director  General  & Inspector  General  of  Police,  West  Bengal  vide  Report  dated  23.6.  2017,  informed  that  in compliance of the Supreme Court's Order,  Shri Justice (retd.) C.S. Karnan has been arrested by  a  team  of  Police  Officers  of  West  Bengal  Police  from  Coimbatore,  Tamil  Nadu  on 20.6.2017 at 19.30 hours and handed over to the Superintendent of Presidency Correctional Home on 21.6.2017 at 15.28 hours after necessary legal formalities.

(c)    :        The  Hon'ble  Supreme  Court  vide  its  Order  dated  1.5.2017  directed  the  Health Services,  Government  of  West  Bengal  to  constitute  a  Board  of  Doctors  from  Pavlov Government Hospital,  Calcutta  for  conducting medical  examination  of  Shri  Justice  C.S. Karnan on 4.5.2017 and to submit a report as to whether or not Shri Justice C.S. Karnan was in a fit condition to defend himself. But Shri Justice C. S. Karnan declined to be medically examined  and  gave  a  written  declaration  dated  4.5.2017  in  which  he  stated  that  he  was absolutely  normal  and  with  a  stable  mind.  The  Supreme  Court  accepted  this  assertion  of Justice Karnan.

(d):   Shri Justice C.S. Karnan claimed to be a victim of social and caste discrimination and h said that he had been subjected to agony, on account of ragging and demeaning actions, of other  Judges.  Shri  Justice  C.S.  Karnan  openly  denounced  large  number  of  Judges  with allegations  of  corruption  and  passed  orders  which  had  neither  any  legal  sanction  nor  any justification. The Supreme Court vide its order dated 08.02.2017 refrained Shri Justice C.S. Karnan  from  handling  any  Judicial  work  and  directed  him  to  return,  all  judicial  and administrative  files in his possession to the Registrar General of the Calcutta High Court.

(e)    Shri Justice C.S. Karnan was enrolled as a Advocate on 11.04.1984 and practiced in Madras High Court City Civil Court & Family Courts in Civil, Criminal, Constitutional and Service matters and specialized in Civil matters. The name of Shri Justice C.S. Karnan was inter-alia  recommended  by the  then  Chief  Justice  of  Madras  High  Court  viz.,  Shri  Justice A.K. Ganguly and the two senior-most Judges of the Madras High Court Collegium viz., Shri Justice  S.J.  Mukhopadhaya  and  P.K.  Misra.  The  proposal  was  placed  before  the  Supreme Court Collegium consisting of the then Chief Justice K.G. Balakrishnan and his two seniormost Colleagues Shri Justice B.N. Agrawal and Arijit Pasyat which recommended his name for  elevation.  He  was  transferred  from  Madras  High  Court  to  Calcutta  High  Court  on 10.03.2016.

(f)      Two Judges out of the 07 member bench viz., Shri Justice J. Chelameswar and Ranjan Gogoi,  while  concurring  with  the  Judgment  dated  09.05.2017,  in  a  separate  order  dated 04.07.2017  have  inter-alia  highlighted  the  need  to  revisit  the  process  of  selection  and appointment of Judges to the Constitutional Courts.

(g)      As per the Hon'ble Supreme Court order dated 16.12.2015 in W.P. (C) No. 13/2015, the  Government  has  been  directed  to  finalise  the  existing  Memorandum  of  Procedure  for appointment  of  Judges  of  Supreme  Court  and  High  Courts  on  various  criteria  such  as eligibility, transparency, establishment of Secretariat, complaints etc. After detailed examination  and  deliberations  on  the  criterion  laid  down  by  the  Supreme  Court,  draft Memorandum of Procedure was prepared by the Government and sent to the Chief Justice of India on 22.03.2016. The response of the Supreme Court Collegium has been received in the matter.  The  Government has conveyed its views to the  Hon'ble Supreme Court vide letter dated  11.07.2017.  The  Government  in  consultation  with  the  Supreme  Court  Collegium  is committed  to  make  the  appointment  process  of  Supreme  Court  and  High  Court  Judges, transparent,  fair  and  accountable  in  accordance  with  the  Constitution  of  India  and  as mandated by Supreme Court orders dated 16.12.2015 and 04.07.2017.

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