SC to get Justice Karnan medically examined

The Supreme Court on Monday decided to get Calcutta High Court judge Justice C S Karnan medically examined. The apex court wants to ascertain if Justice Karnan was fit to defend himself in the contempt proceedings initiated against him.

The court said the judge has been “expressing further disrespect” ever since a contempt notice was issued to him on February 8.

A seven-judge bench, presided over by Chief Justice J S Khehar, ordered the Director, Health Services, West Bengal government, to constitute a board of doctors from Pavlov Government Hospital, Kolkata, to examine Justice Karnan.

The court directed the West Bengal DGP to form a team of police officers to help in Justice Karnan’s medical examination on May 4.

“The tenor of the press briefings, as also the purported judicial orders passed by Justice 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,” the bench said.

The court directed the medical board to submit its report on or before May 8. The court put the suo motu contempt proceedings initiated against Justice Karnan for consideration on May 9. The court also gave him one more opportunity to respond to the notice issued on February 8.

“In case he does not choose to file a response on or before May 8, 2017, it shall be presumed that he has nothing to say in the matter,” the bench said.

At the outset, Attorney General Mukul Rohatgi submitted that the judge was in gross contempt as he went on issuing directions and holding press conferences against apex court judges after writing scurrilous letter to the prime minister. “He has called judges as accused. It seems he has lost his mental balance... judiciary can’t become a laughing stock,” Rohatgi said.

“He is ridiculing judges. There is nothing left to doubt. His conduct is completely unacceptable,” Rohatgi said.

On this, the bench, also comprising Justices Dipak Misra, J Chelameswar, Ranjan Gogoi, Madan B Lokur, P C Ghose and Kurian Joseph, said, “We have given him an opportunity to defend himself... we must now start action forthwith.”

The bench, however, said if he was found medically fit, he would continue to face the contempt proceedings, which would go on even after his retirement.

In its order, the bench directed that no court or tribunal in the country should take cognizance of the orders passed by Justice Karnan after February 8, when the contempt proceedings were started against him.
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Justice C S Karnan on Monday said he will not undergo a medical examination as ordered by the Supreme Court, PTI reports from Kolkata.

He also threatened to suspend the DGP of West Bengal if the latter functioned against his wish.

He said in signed order: “I further direct the DGP, New Delhi, to take all the seven judges and produce them to a psychiatric medical board attached to the AIIMS Hospital, New Delhi, to conduct appropriate medical tests on the seven accused and submit a copy of the report on or before May 7, 2017.”

Justice Karnan: This kind of harassment order against my sanity is an additional insult to an innocent Dalit Judge, who is of sound health and mind.