SC orders medical check-up of Justice Karnan, says orders passed by him invalid

SC said that if justice Karnan decides not to file his response, the SC would presume that he has nothing to say.

New Delhi: The Supreme Court on Monday ordered a medical examination of Calcutta High Court judge Justice CS Karnan by a team of doctors on May 5 and asked them to submit their report by May 8. It also fixed the next date of hearing in the case as May 18.

The apex court added that if justice Karnan decides not to file his response, the SC would presume that he has nothing to say. “No one can say such things and get away”, the bench said on Monday after Karnan did not heed its summons to appear before it.

SC directed West Bengal DGP to set up a team of police officials to assist the medical board in examining Justice Karnan. The apex court also asked Justice Karnan to file his response, if he desires so.

It also directed all courts, tribunals, commissions across country not to consider any order passed by Justice Karnan after February 8 when it had restrained him from taking up judicial work.

Karnan on Friday ‘deferred’ the hearing of his case against seven Supreme Court judges, including Chief Justice of India JS Khehar, said a report.

However, Karnan, against whom the CJI has issued a contempt notice, also ‘directed’ the Air Control Authority in New Delhi not to permit the seven judges to fly abroad till the case is disposed off, since their ‘offence’ involves caste discrimination against him.

Earlier this month, Karnan had directed the 7 judges to appear before him on Friday for ‘caste discrimination’ against him.

But in his fresh order on Friday, Karnan said, “Today the above mentioned accused 1 to 8 are called absent hence their matter is re-posted to 01. 05. 2017 (Monday) to enable their reappearance. In the meantime, this court directs the Air Control Authority (referring to the Airports Authority of India) New Delhi, not to permit the said accused 1 to 8 from going abroad until the disposal of this crucial issue, since the nature of the offence, that is caste discrimination, is not only a heinous crime but also a very cruel atrocious act of heinous crime, and is punishable as per the Constitution.”

Karnan thus also included an eighth judge in his order, the identity of whom is not known.

Bizarrely, Karnan then claimed that the reason for his ‘order’ directing airport officials to prevent the judges from flying abroad was, “if the accused are permitted to travel abroad, there is the probability of the virus of caste discrimination spreading in the said country by such perpetrators.”

In February, the Supreme Court had issued a contempt notice to Karnan for ‘degrading the judicial institution’ after Attorney General Mukul Rohatgi called for contempt proceedings against him for ‘scurrilous’ letters against sitting and retired judges of the High Courts and Supreme Court.

Justice Karnan had written to the Prime Minister and accused several retired and sitting judges of corruption. Following the apex court order, Karnan 'summoned' 7 Supreme Court judges including the CJI to his 'residential court', and accused them of caste discrimination.

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