Disgracing the judiciary

Disgracing the judiciary

FPJ BureauUpdated: Friday, May 31, 2019, 05:57 PM IST
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The lack of public comment on the atrocious behaviour of a judge of the Madras High Court is truly surprising. The stunning silence cannot be due to the fear of the contempt powers of the higher judiciary. Nor can it be due to the fact that the errant judge in question, Justice C S Karnan, advertises his Dalit origins. Whatever the reason, the grave misconduct by a sitting High Court judge speaks poorly of the entire institution of higher judiciary.

Indeed, it proves the point that politics is not the only profession where ethical and moral standards have fallen precipitously in recent times. There has been an all-round decline in the ethical standards. Judge Karnan, for instance, has made a fool of himself; there is no better word to describe his behavior, for a long time. He has been downright rude to his brother-judges, accusing them of an anti-Dalit bias at the drop of a hat, and has generally fanned casteism in the Madras HC bar.

On one occasion, he barged into the open court of a division bench hearing a PIL challenging the selection of judges for recommendations for appointment to the Madras High Court, shouting loudly that the list was fraudulent, motivated by corrupt considerations and reeked of an anti-Dalit bias. Pained by the display of most boorish conduct by a fellow judge, the then Chief Justice of the Madras High Court had complained to the Supreme Court, which publicly reprimanded Justice Karnan for his ‘uncharitable and … indecorous’ behavior.

This was nearly two years ago. But Justice Karnan did not improve. The relentless tirade against the incumbent Chief Justice of the Madras High Court, Justice S. K. Kaul, is a case in point. Instigating a group of lawyers against Justice Kaul, who publicly undertook to drive him out of the Madras HC, accusing him of being anti-Dalit and of pandering to high-caste lawyers and judges, are the mildest of abuses the sitting Chief Justice of the Madras High has had to put up at the hands of Justice Karnan.

Indeed, thanks to encouragement of Justice Karnan, a group of lawyers had confined Justice Kaul captive in his room, not allowing to coming out until he signed his own resignation letter or at least reversed some order which was not to their liking. When the Reader of the Madras High Court filed a written complaint with the SC, the latter heard the matter in open court, affording an opportunity to Justice Karnan to present his case or be represented through a lawyer.

After hearing all sides, the apex court last week ordered Justice Karnan’s transfer to the Calcutta High Court. In an extraordinary act, on the next working day Justice Karnan in the open court passed a suo motu order ‘staying’ the recommendation of the Chief Justice of India transferring him to Calcutta.

In an unusual act, he addressed the media regarding his order, threatening to complain to the National Commission for Scheduled Castes and said he would direct the Madras Police Commissioner to register a case against the Chief Justices of the Madras HC and the Supreme Court under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Besides, he undertook to complain against them to politicians like Ram Vilas Paswan, Mayawati, etc. Following the ‘stay’ order issued by Justice Karnan against his own transfer, a two-member SC bench when told by the HC authorities, ‘froze’ his functioning as a judge till further orders. Justice Karnan’s judicial powers were stayed and he was asked to comply with his transfer order.

The above facts underline, to begin with, the kind of people who get appointed as High Court judges. How did he slip through the SC collegium is a moot question. Justice Karnan’s appointment in fact is proof that the collegium system for appointment of judges is flawed.

Also, it is time the authorities in particular and the people in general began to see through the malign caste card. Being a Dalit should not in any way be a license for wrong-doing, for blackmail and sheer effrontery at the workplace. The case of Justice Karnan also cries out for a relook at the available mechanism for the removal of High Court and Supreme Court judges.

Given that legislators too are prone to be swayed by casteist and regional considerations, the near-impossibility of mustering adequate numbers in Parliament for impeachment of a judge only encourages them to misbehave further. Justice Karnan is a fit case for outright removal without any further loss of time. Unfortunately, he would not leave before he has poured further scorn and infamy on the institution of higher judiciary. Why, then, blame politicians alone for all that is wrong in the country?

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