For many months now, the story of Justice Karnan has continued to figure in the news headlines. Most recently, Justice Chinnaswamy Swaminathan Karnan was in the news for being arrested. We look at the story of controversy’s child, the reasons behind the first time a sitting judge has been sentenced to jail for contempt of court and ask the question is Karnan J actually of sound mind?
While there is no doubt that caste based prejudice is still rife in our country, for a High Court judge to claim that he was targeted and that brother judges tried to ‘tarnish his reputation’ and that of other Dalit judges does seem farfetched. Describing an innocuous sounding incident, he claimed that a judge had “deliberately rubbed his shoes against him and then trampled a card carrying his (Justice Karnan) name at a function”. The Madras High Court judge claimed that he was “forced to approach the national forum for SCs only after the atrocities crossed tolerable limits."
In 2013, Justice Karnan had ruled that unmarried couples indulging in premarital sex could be considered married. This was a highly controversial decision, because it attempted to alter the established legal position about ritual or contract constituting marriage and not merely a sexual relationship.
In 2014, Justice Karnan barged in on an ongoing court hearing of a public interest litigation, claiming the selection process of judges to be unfair and demanding to file an affidavit in the matter.
Justice Karnan continued to attract ire of judges when he continued to attack other judges making claims of discrimination. 20 Madras HC judges signed a memorandum requesting the transfer of Karnan J since they found it difficult to work with him. He also complained that he was being assigned ‘dummy cases’ and cited this reason for proceeding on leave. In February 2016 he was transferred to Calcutta HC.
In January this year, Justice Karnan wrote a letter to the Prime Minister alleging rampant corruption in the judiciary. The letter listed the names of 20 judges and 3 Madras HC court officials.
On 1st May 2017, the SC ordered a medical exam to examine the judge’s mental health. On 4th May he declined to undergo a medical exam. Karnan J, in his capacity as High Court judge, issued non-bailable warrants against seven judges of the Supreme Court including the SC Chief Justice, which he described as 'suo motu judicial order in the interest of the nation to protect the general public from corruption and unrest'.
One day later, on 8 May 2017, Justice Karnan was sentenced to six months imprisonment for Contempt of Court and media was issued a gag with regard to statements issued by him. The judge was absconding after this; thought to have fled to Nepal to avoid arrest. He was arrested on 21 June from Coimbatore. The latest situation is that the judge complained of chest pain after arrest and as of 22 July is admitted to SSKM Medical College and Hospital in Kolkata.
Since we have no evidence of his mental stability or lack thereof, it is difficult to say whether the man is insane or of sound mental health. His unruly and intemperate behavior seems to indicate some mental issues. However, there is also the view that claims made about corruption ought to be investigated and ought not to be dismissed out of hand by holding a judge guilty of contempt. Is the contempt order justified or does it stem from a judiciary affronted by charges leveled against it? And how is it a suitable remedy to jail someone suspected of insanity? Isn't medical treatment the proper recourse? Shouldn’t someone be speaking for the constitutional rights of Karnan J to free speech as well here?
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