IN RE, HON'BLE SHRI JUSTICE C. S. KARNAN

The Judgments of the Court were delivered by JAGDISH SINGH KHEHAR, CJI c I. The task at our hands is unpleasant. ft concerns actions of a Judge of a High Court: The instant proceedings pertain to alleged actions ·.of criminal contempt, committed by Shri Justice C.S. Kaman. The initia~ion of the present proceedings suo-motu, is unfortunate. In case this Court has to take the next step, leading to his conviction and sentencing, the Court would. have undoubtedly travelled into virgin territory. This has never happened. This should never happen. But then, in the process of administration ofjustice, the individual's identity, is clearly inconsequential. This Court is tasked to evaluate the merits of controversies placed before it, based on the facts of the case. It is expected to record its conclusioris, without fear or favour, affection or ill-will.

2Copy pinpoint2. The factual position which emerged in this case, during the course of hearing, was almost entirely based on the contents of correspondence addressed by Justice Kaman. They eventually resulted in his transfer, from the Madras High Court to the High Court of Calcutta. The episode of his transfer, was preceded by letters written by a series of former Chief Justices of the Madras High Court,. to the then Chief Justice(s) of the Supreme Court of India, seeking his transfer. The transfer of Shri Justice C.S. Karnan was also sought, through a joint representation addressed by 20 sitting Judges of the Madras High Court. G

3Copy pinpoint3. During this period, and unconnected with the reasons for seeking · -his transfer, the Registrar General of the Madras High Court approached this Court, highlighting the fact that Shri Justice C.S. Kaman had initiated suo-motu writ proceedings, wherein, he had stayed administrative orders H

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A passed by the Chief Justice of the Madras High Court. Having heard the matter, a Bench of this Court, presided over by the then Chief Justice oflndia. passed the following directions: - "Permission to file special leave petition is granted. Issue notice. B In the meantime,. there shall be stay of interim order. dated 30.4.2015 passed in M.P. no. I of2015 in Suo-motu Writ Petition · no. (unnumbered) of2015, until further orders. We restrain- the learned Judge, who has initiated proceedings relating to Suo-motu Writ Petition no. (unnumbered) of 2015 pending before the High Court of Judicature at Madras from either c hearing or issuing any directions in said petition and other matters connected therewith. There shall not be any interference by any person/authority or learned Judges in completing the process initiated by the High Court for selection and appointment of Junior Divisional Judicial D Officers till the disposal of the special leave petition. List after summer vacation." The petition filed by the Registrar General was later assigned Special Leave Petition (Civil) no. 14842of2015.

4Copy pinpoint4. Undeterred by the intervention of this Court, Shri Justice C.S. Kaman continued to foul mouth his colleagues at the High Court of Maqras, by addressing communications to the highest executive and judicial authorities. We shall refer to only those available on the record of the case. We may, for reason of brevity, leave out the past, and commence with his letter dated 2l.8.2015, addressed to the Chief Justice of the Madras High Court. A perusal of the aforesaid communication, reveals his dissatisfaction in not having been assigned an appropriate roster, when hewas deputed to the Madurai Bench of the Madras High Court. Even when he returned to the Prificipal Bench, after a period of three months, he was unhappy with the roster assigned to him. In the instant letter, he also expressed his displeasure, when matters originally assigned to him, were taken away from his Board, by the Chief Justice of the Madras High Court, and assigned to other Benches. Besides the above personal grievances, he made direct and pointed allegations (in his above letter dated 21.8.2015) against Shri Justice" ... V.D ....", for H

IN RE, HON'BLE SHRI JUSTICE C.S. KARNAN ' 223 [JAGDISH SINGH KHEHAR, CJI]

having been appointed as a Judge of the High Court, even though A . (according to Justice Kaman) he did not possess the requisite academic qualifications for the position. Indeed, it was alleged, t~at his academic certificates were bogus. It was also alleged (in the above letter dated 21.8.2015) that the Judges of the Division Bench- Dr. Justice" ... T.V. ... " and Shri Justice " ... C.T.S .... " had not exercised their judicial 8 functions independently, but had been passing orders, at the asking of the then Chief Justice of the Madras High Court. He also accused the ChiefJustice of the High Court, for having approached this Court, against the suo-motu orders passed by him. The initiative at the hands of the ChiefJustice of the Madras High Court (to approach the Supreme Court) was described by him (in the above communication dated 21.8.2015) as C most insulting. Justice Kaman in the above letter, dated 21.8.20 I5, · accused the Chief Justice of the Madras High Court, for not having included him in any of the committees constituted for discharging administrative responsibilities of the High Court. For this reason, he accused the Chief Justice, for segregating him on account of his belonging 0 to an under-privileged caste. He also pointed out, that he had made a complaint in this behalf to the Chairman of the National Commission for Scheduled Castes and Scheduled Tribes. Justice Kaman also accused the then ·chi~f Justice of the Madras High Court (in the above communication) for having created a communal divide in the High Court. His contention in this behalf was, that he favoured the advanced communities, while making recommendations for appointment ofHigli · Court Judges, and at the same time ignored the under privileged castes and tribes, as well as, the minorities. While concluding the letter dated 21.8.2015, Shri Justice C.S. Kaman expressed, thatthe Chief Justice of the Madras High Court, had committed offences under the provisions of the Scheduled Castes and Scheduled Tribes (Pre.vention of Atrocities) Act, 1989.

5Copy pinpoint5. Another letter ofShri Justic.e C.S. Kaman, dated 52.2016, was addressed to the Home Secretary 9fTamil Nadu. The instant letter was written to extend protection to a lawyer - Peter Ramesh Kumar, who had made serious allegations against a few Judges, especially against G Shri Justice " ... V.R.S.M ..... ". The co-mmunication is interesting, because the Home Secretary had been directel.to treat his letter as a "suo-motujudicial order". In the above letter, JusticeKarnan had directed the Registry of the Madras High Court, to assign the suo-motu writ H

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A petition (-the letter dated 5.2.2016), a number. The direction contained in the letter dated 5.2.2016, required the Home Secretary, to arrange adequate police protection. for the safety of the afore-stated Advocate.

6Copy pinpoint6. Shri Justice C.S. Kaman wrote another letter to the then Chief Justice of the Madras High Court, on I 0.2.2016. In the instant communication he pointed out, that the High Court had arranged a function forthe inauguration of Regional Centres of the Tamil Nadu State Judicial Academy, at Coimbatore and Madurai (- on 21.2.2016). He accused the Chief Justice, of allowing only upper caste Judges, to participate in the function. It was pointed out, that no representation from scheduled castes or scheduled tribes, was included in the celebration. It was alleged, that even though his name was initially included, it was replaced by a junior upper caste Judge. He highlighted the fact, that he had been repeatedly agitating on this issue, even on earlier occasions. In the instant communication dated I0.2.2016, Justice Kaman again declared the Chief Justice of the Madras High Court, an offender under the Scheduled D Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

7Copy pinpoint7. In the above Special Leave Petition (Civil) no. 14842 of2015 filed by the Registrar General, High Court of Madras (see paragraph 3 above). I.A. no. 6 of2016 was filed on 12.2.2016, by the Registrar General of the Madras High Court, for urgent directions. Jn the said application, reference was first made to the order dated 30.4.20 I5 passed by Justice Kaman, which was stayed by this Court on 11.5.20 I5 (order extracted in paragraph 3 above). Thereafter, Justice Kaman addressed a letter dated 2 l.8.20 I5 to the Chief Justice of the Madras High Court (details narrated above). Shri Justice C.S. Kaman then addressed a letter dated 10.2.2016, again allegedly in exercise of suo-motu judicial power (details expressed above). It was also sought to be highlighted in I.A. no. 6of2016, that on I0.2.2016, Justice Kaman, had raised objections in connection with a function org::nized by the Madras High Court, alongwith the Tamil Nadu State Judicial Academy to inaugurate Regional Centres at Coimbatore and Madurai, scheduled for 21.2.2016. Justice G Kaman had alleged therein, that he had been removed as a member of the Board of Governors of the Judicial Academy. It was sought to be explained (in I.A. no. 6 of 2016), that the allegations levelled by Shri Justice C.S. Kaman were misconceived, because he had never been nominated as a member of the Board of Governors of the Judicial Academy, since its inception in 200 I. The contents of I.A. no. 6 of H

IN RE, HON'BLE SHRI JUSTICE C.S. KARNAN 225 [JAGDISH SINGH KHEHAR, CJI]

2016, also make a reference to another alleged suo-motu judicial order, A dated 5.8.2016, passed by Shri Justice C.S. Kaman, directing the Home Secretary to the State ofTamil Nadu to provide police protection to one Shri Peter Ramesh Kumar on the ground, that he was facing threats to his life, from a few Judges of the Madras High Court, wherein he expressly named Shri Justice" ... V.R ..... "(details narrated above). B The background for passing the above order was sought to be explained in paragraph 10 of I.A. no. 6of2016, as under:- "The above order has been passed in the following background, enumerated below: (a) On 16.9;2015, few advocates along with W. Peter Ramesh c Kumar' barged into Court Hall no. 2 of the Madurai Bench. and stopped willing advocates from addressing the Hon'ble Bench to enforce a boycott call. Moreover, the concerned Advocate threatened the Hon'ble Bench to take anv action against him. As a result, the Division Bench was forced to initiate contempt proceedings for his misdemeanors. D (b) The above named Advocate was previously hauled up for contempt on several occasions: Three years ago, the High Court directed the State Bar Council to initiate disciplinary proceedings for misconduct. Earlier. a Full Bench of the High Court had found him guilty of contempt and put him on probation E for a period of one (l) year. Nonetheless, the concerned Advocate continued to indulge in dismptive practices even during the probation and the matter is pending consideration before the Full Bench. (c)On 30.11.2015. the Suo-motu Cont. Petition (MD) no. 1449 F · of ·2015, registered pursuant to the Order dated 16.9.2015 passed by the Madurai Bench, came up for hearing for the fifst time before Mr. Justice" ... R.S .... "and Hon'ble Mr. Justice " ... M. V.V.... " The above named Advocate. appearing in person, prayed for time to file a response. However. the G alleged Contemnor made offensive. and casteist allegations against the Presiding Judge of the Division Bench that initiated the proceedings in his Counter Affidavit. The alleged Contemnor also made false and scandalous imputations against certain women lawyers in connection with the learned Judge. H

226 SUPREME COURT REPORTS [2017] 9 S.C.R.

A He further circulated the contents of the affidavit including the offensive remarks through WhatsApp and Facebook. (d) On 28.1.2016, the Hon'ble Chief Justice of the High Court transferred the Suo-motu Cont. Petition (MD) no. 1449of2015 before a specially constituted Bench at the Principal Seat of B the High Court. In the meanwhile, the alleged Contemnor continued to circulate scurrilous and objectionable messages against the Hon'ble Judges hearing the aforesaid contempt petition, through social media. (e) On 4.2.2016. the Division Bench framed charges against c him in the Criminal Contempt proceedings and served copies of the charges on him. Upon receipt of the copy of the charges, he shouted slogans hailing the deceased leader of a banned organization and also made casteist remarks against the Judges. However, the Bench posted the case to 15.2.2016 for the contemnor's reply to the charges. D (f) On 5.2.2016, the Division Bench of the High Court passed an Order to restrain the concerned Advocate from indulging and circulating offensive and objectionable remarks against the women members of Bar on a Writ Petition moved by a group of six concerned women lawyers being aggrieved by E these allegations. Moreover, all four associations of lawyers at Madurai passed resolutions to condemn the scurrilous campaign conducted by the alleged Contemnor and urged the High Court and the State Bar Council to take stringent action against him." F Last of all it was pointed out, that in terms of the roster issued by the Chief Justice of the Madras High Court, with effect from 1.2.2016, Justice Kaman was assigned to hi::ar criminal revision - admission and final hearing, and specially ordered matters. It was pointed out, that Justice Kaman was passing orders in complete disregard to the roster G assigned to him. It was also asserted, that Justice Kaman had been repeatedly interfering or reopening issues, even in currently pending matters before other Benches of the High Court. It was highlighted, that he had even stayed judicial proceedings pending before the High Court. Jn I.A. no. 6of2016, the Registrar General of the Madras High Court, sought appropriate directions through the following prayers:- H

IN RE, HON'BLE SHRI JUSTICE C.S. KARNAN 227 [JAGDISH SINGH KHEHAR, CJI]

"PRAYER A In the premises, it is most respectfully prayed that this Hon'ble Court may be pleased to: (a) stay the operation of Suo-motu Judicial Orders dated 5/8.2.20 J6 (Annexure A-6) and 10.2.2016 (Annexure A-4) passed by Hon'ble Mr. Justice C.S. Kaman of the High Court ofMadras; B (b) direct Hon'ble Mr. Justice C.S. Kaman not to exercise any suo-motu powers of the High Court or to direct the Registrar, Madras High Court, to register such suo-motu ordt;rs as being pursuant to suo- motu writ petitions; c (c) restrain the Hon'ble Mr. Justice C.S. Kaman from hearing or issuing directions or in any manner dealing or connected with the proceedings relating to Suo-motu Judicial Order dated 5/8.2.2016 and 10.2.2016 of the High Court of Judicature at Madras; (d) pass such other.and further orders as this Hon'ble Court may 0 deem fit in the facts and circumstances of the matter." During the course of hearing in the above I.A. no. 6 of 2016 (wherein one ofus-Jagdish Singh Khehar, and Mrs. R. Banumathi, JJ., were members of the Bench), the Court was informed, that Shri Justice C.S. Kaman had already received the proposal for his transfer from the E High Court of Madras. Having taken into consideration, the totality of the facts and circumstances of the case, this Court passed the following order on 15.2.2016:- "Mr. K.K. Venugopal, learned senior counsel having entered appearance on behalf of the petitioner has filed the affidavit of F Mr. " ... B.H. ... ", Registrar-cum-Private Secretary to Hon'ble the Chief Justice, High Court of Madras, dated 14.02.2016. A .perusal of the same reveals that Hon'ble Mr. Justice C.S. Kaman has received the proposal of his transfer from the High Court of Madras dated 12.02.2016. Having taken note of the situation. in our view it would be G appropriate. that Hon'ble Mr. Justice C.S. Kaman should hear and dispose of only such matters as are speciallv assigned to him by Hon'ble the Chief Justice of the Madras High Court. It will be open to Hon'ble the Chief Justice of the High Court, not to assign H

228 SUPREME COURT REPORTS [2017) 9 S.C.R.

A any further administrative/judicial work to him. This would imply, that no other orders shall be passed by Hon'ble Mr. Justice C.S. Kaman, suo-motu or otherwise, in any matter not specially assigned to him. The operation ofall or any administrative/judicial order(s} passed B by Hon'ble Mr. Justice C.S. Kaman, after the issuance of the proposal of his transfer from the Madras High Court dated 12.02.2016.(unless specially assigned to him, by Hon 'ble the Chief Justice), shall remain stayed till further orders. A copy of the instant order shall be furnished to Hon'ble Mr. c Justice C.S. Kaman, by the Registrar General of the High Court. It shall be open to the Hon'ble Judge to enter appearance before this Court, in case he is so advised (in respect of the instant/ pending matter)."

8Copy pinpoint8. The next relevant letter, was issued by Justice Kaman, on D 26.10.2016. It was addressed to the City Police Commissioner, requiring him to register criminal cases. In the instant letter, Justice Kaman claimed to be a victim of social and caste discrimination. He also alleged, that he had been subjected to agony, on account of ragging and demeaning actions, of Judges of the Madras High Court, spearheaded by Shri Justice" ... F.M.I.K. .... ". These allegations ofragging were classified by him, into four categories, as under:- ''The social boycott by the ragging Judges could be classified into four categories as under: I. The below mentioned Judges directly resorted to insulting me in public premises, namely Mr. Justice " ... l.K .... ", Mr. Justice " ... N.N .... ",Mr. Justice" ... R.S ....",who is now posted to Jammu & Kashmir, Mr. Justice" ... K.N.B .... ",Mr. Justice" ... R.S.M..... " now posted as Judge of the Andhra Pradesh High Court, Mr. Justice" ... A.A ....", Mrs. Justice" ... A.J .... ", Mr. Justice" ... N.K .... ",Mr. Justice" ... S.M.K.... "and Mr. Justice G " ... M.S. ·.··" The below mentioned three Judges'' ... M.YE . ... ",now retired Judge of the Supreme Court oflndia, Mr. Justice " ... R.K.A .... ",now a serving Judge of the Supreme Court and Mr. Justice" ... s~K.K .... ",who also extended their cooperation with the ragging Judges of the Madras High Court by operating H

IN RE, HON'BLE SHRI JUSTICE C.S. KARNAN 229 [JAGDISH SINGH KHEHAR, CJ!]

administrative power and insulted me at the public institution/ A Judiciary, to that effect I have levelled complaints against them under the Schedule Caste/Schedule Tribes Atrocities Act which are pending enquiry at the respective high dignitary offices. Now I request you to include all the above mentioned three Judges along with the first category of Judges and register a F.I.R. B accordingly and precisely. To prove my allegation against the said Judges, material evidences are available on the file of the Registry of the Madras High Court.

2. The second category Judges through indirectly extending their cooperation for social boycott and ragging with their physical presence at the venues. c

3. The third category were enjoying by way of laughing and bodily gestures, and

4. The fourth category of Judges maintained their silence and showed their consternation of their actions metered out against me." Based on the above insinuations, Justice Kaman made the following request to the City Commissioner of Police, Chennai:- "Now l request you to register a criminal case against the first category of ragging Justices under the Ragging Act including social boycott. The other erring Judges will be included after investigation. My view of wanting to establish a prosecution case against accused persons/Judges for which I take a major role in the instant case. Your role is only marginal as a competent officer to pursue such major offences to its logical conclusion before the concerned criminal Court. As per my complaint, I will file an affidavit in my name in order to establish the case against the accused persons at an appropriate time. This kind of major offences is indeed a public crime against a Dalit Judge and this matter will also be placed before the Parliament against erring Judges after observing necessary formalities." G

9Copy pinpoint9. Reference also needs to be made to a letter dated 18.1.2017, which was addressed by Justice Kaman, to the State Public Prosecutor, Madras High Court, Chennai, wherein he highlighted the fact, that he had passed a suo-motujudicial order, against Shri Justice" ... N.D .... " H

230 SUPREME COURT REPORTS [2017] 9 S.C.R.

A (now retired), asserting that Shri Justice" ... N.D .... " had produced bogus educational qualification certificat"s, for procuring his appointment as Judge of the Madras High Court. In the above letter, it was also pointed out, that an enquiry into the matter was pending before the Supreme Court of India. It was alleged, that the Chief Justice of the Madras High Court, was shielding the said Shri Justice" ... N.D.... ". It 8 was also highlighted. that Shri Justice" ... S.K.K ...."-the then Chief Justice of the Madras High Court, was facing charges of corruption, and also, for having committed offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He also brought out that the then Chief Justice of the Madras High Court, had engaged Shri Elephant Rajendran, for appearing before the Supreme Court, despite the fact that the said Advocate was involved in a murder case. It was also alleged, that a criminal case had also been registered against the said Advocate, for having committed forgery. In his letter, Justice Kaman had requested the Public Prosecutor to collect the particulars of the above cases, and to investigate them with the assistance of top police officials of the State. He had also requested the State Public Prosecutor, to forward the results of the investigation to him, so that he could produce the same before the Supreme Court. I0. Vide another letter dated 23.1.20 J7, Justice Kaman highlighted corruption in the High Court, inter alia at the hands of the following E Judges:- "1. Mr. Justice " ... S.K.K.... ";

2. Mr. Justice" ... S.M.K. ... ";

3. Mr. Justice" ... V.R.S.M .... ";

4. Mrs. Justice " ... C.V.... ";

F 5. Mr. Justice" ... R.S.R.... ";

6. Mr. Justice" ... R.K.A. ... ";

7. Mr. Justice" ... T.S.T.... ";

8. Mr. Justice " ... M.Y.I. ... ";

9. Mr. Justice " ... I.K .... "; I0. Mr. Justice·~ ... A.K .... "; G

11Copy pinpoint11. Mr. Justice "... E.D .R.... ";

12Copy pinpoint12. Mr. Justice" ... K.N.B .... ";

13Copy pinpoint13. Mr. Justice" ... A.A.... ";

14Copy pinpoint14. Mrs. Justice" ... A.J .... ";

15Copy pinpoint15. Mr. Justice" ... V.D .... "; H

IN RE, HON'BLE SHRI JUSTICE C.S. KARNAN 231 [JAGDISH SINGH KHEHAR, CJI]

16Copy pinpoint16. Mr. Justice" ... M.M.S, ... "; A

17Copy pinpoint17. Mr. Justice" ... N.K. ... ";

18Copy pinpoint18. Mr. Justice'~··· N.N .... ";

19Copy pinpoint19. Mr. Justice" ... T.R.... ";

20Copy pinpoint20. Mr. Justice " ... S....". The instant letterdated23.l.2017 was endorsed by Justice Kaman B to Shri " ... H .. ;.", Private Secretary-cum-Registrar attached with the Chief Justice of the Madras High Court, to Shri '.'··· P.K....",Registrar of the Madras High Court, and also, to Shri "... S.P.... ", Advocate - President, Tamil Nadu Advocates Association.

11. The mindset of Shri Justice C.S. Kaman emerges from a C communication dated 3. l .2017, addressed by him to the Prime Minister oflndia. It would be appropriate to extract the same hereunder, rather than recording a summary of its contents, as has been done hitherto before. The text of the aforesaid communication dated 3.1.2017 is accordingly reproduced below:- D "I request you to please peruse the following:- I. Mr. Justice" ... T.S.T....".the Hon'ble ChiefJustice oflndia comes in for retirement on 3.1.2017. The learned Judge had sent various lists of Judges as proposals for appointment to the High Courts. This list has not included adequate DALIT representation, neither from the minority communities like Muslims and Christians. The proposed list made up of financially sound candidates particularly from the upper caste and from the elite hereditaiy candidates. This kind of selective choice is not appropriate in a . democratic country and unbecoming of the judiciary since it evidently points to discrimination. F 2; Mr. Justice" ... T.S.T.... ", CJI, at a crucial meeting wherein all the Chief Ministers of various States and Union Territores. and Hon 'ble Chief Justices of various High Courts met. After observing the weeping drama of this CJI. the Indian population of 125 crores are unable to determine the attitude of the CJI since G he is the top most authority of the entire judiciruy. to maintain law and justice form Kanyakumari to Kashmir and all about.

3. The above-mentioned Hon'ble Judge was found weeping, yet in another moment showing outbursts of anger against the Union H

232 SUPREME COURT REPORTS (2017] 9 S.C.R.

A Government in order to approve the Judges list while at another venue at Gujarat appreciated the Union Government. This kind of unbalance vicious behavior is similar to the chameleon lizard which changes its colour at random through various hues. This erratic behavior by a top dignitary is baffling the minds of vast sections of our Indian populace numbering crores. B

4. Mr. Justice" ... T.S.T. ... ". CJI and Justice'· ... S.K.K .... ", Chief Justice of Madras High Court conniving prevented me from participating at the inauguration of the Legal Aid Centre in Coimbatore. As such they discriminated me from joining in a public function even though being a Judge of a High Court. Both c were Chief Guests presiding over the function. Therefore. I initiated preliminary legal action against them by invoking the Scheduled Caste and Scheduled Tribes Atrocitv Act. This bonafide allegation will be proved on the basis of documentary evidence already available on file of the Madras High Court Registry besides D circumstantial evidence.

5. Mr. Justice" ... T.S.T.... ".who orally ordered the holding of my pronounced judgments to Mr. Justice " ... S.K.K .... ", Chief Justice of the Madras High Court without assigning any valid reasons such as enquiry or any legal provisional requirement. As E such both have jointly resorted to conniving by insulting me in a public institution. As such both including the Registrar (Judicial). Madras High Court are offenders under the SC/ST Act. Mr. Justice" ... T.S.T.... "ordered an enquiry against me on concocted complaints which I am now facing. In that enquiry both the said Judges have been included as co-respondents including the F Registrar (Judicial). After the enquiry report being forwarded to Parliament for further discussion in order to determine the actual person for impeachment. Under these circumstances, I request the Hon'ble Prime Minister oflndia to nullify the perusal and consideration of any tentative plans for a suitable position after G retirement by the present CJI. As such the matter may be kept on hold until suitable amends made to all the injustices shown to me.

6. Likewise Mr. Justice" ... S.K.K.... ", Chief Justice of the Madras High Court may also be treated similarly as mentioned in H

IN RE, HON'BLE SHRI JUSTICE C.S. KARNAN 233 [JAGDISH SINGH KHEHAR, CJI]

(S) for conniving with the CJI and also keep him waiting for any A tentative promotion until my accusations are cleared including corruption charges.

7. My critical position restrains me and I am unable to disclose the facts and circumstances of the judiciary in its entirety to the whole Nation in general only because I belong to the fraternity of B Judges and its my bounden duty to uphold the dignity and sanctity of our courts at all times. However, the rampant irregularities continuously being perpetrated by many Judges which are incurring incurable injury to the judiciary must be curbed. I cannot say in public what is going on in Madras High Court which has sunk to , the bottom most level of degradation and sadly given leverage of C support by the Apex Court.

8. A~ per the Indian Constitutional Law the judiciary is the highest branch in our Constitutional set up, as such other branches such as the Legislature, the Executive including the general public cannot be involved with judiciary orders and administrative methods. As D such the judiciary is purely an independent body, so taking advantage of this many Judges are tarnishing the image of the judiciary for their own personal gains.

9. Mr. Justice" ... M.K .... ",had committed custodial rape in the public premises particularly in the precincts of his Court chamber E with his Law Intern namely Ms." ... D.... ",who is a victim and now restrained to move with societv as an Indian high cultured lady, it also spoils her carrier in the legal field and most of all casting a stigma on the child begotten by the said Judge. It is a proved case but Justice" ... S.K.K ... .'';Chief Justice· of Madras High Court is responsible for shielding the errant Judge. Therefore, F Mr. Justice " ... S.K.K ... .'s" administration has fallen to pieces and irreparable deterioration of ethical st~ndards. I 0. Mr. Justice " ... V.D ... .'' (retired) had produced bogus educational qualification certificates in obtaining the distinguished post of Judge at the Madras High Court, the crime was proved G while he was a sitting Judge at the Madras High Court, however. the Chief Justice Mr." ... S.K.K ... .''misused his administrative and judicial powers by protecting the erring Judge until his retirement. This also being a proved case indicating vested interest. H

234 SUPREME COURT REPORTS [2017] 9 S.C.R.

A 11. Initially I lodged a written complaint before the Madras City Commissioner of Police around one month back against 13 Judges consisting of Supreme Court Judges and Madras High Court Judges. out of this group Mr. Justice" ... E.K.... "is 'captain' or "spear head" of the accused Judges' 'team'. The allegation is that all the mentioned Judges in my complaint had ragged me B continuously and persistently for eight years at public premises but the said enquiry is still pending with the Commissioner of Police for necessary action.

12. Mr. Justice" ... K.S ...." (retired) the father of Mr. Justice " ... S.M.K .... "has established an office in front of the Madras c High Court and is always found wandering at the Madras High Court premises soliciting required clients with offers of favourable fruitful orders as consequence of him being an Ex-Judge and exerting good influence for his personal gain; this also being a proved case known to the entire judiciary. advocates besides the general public. Hence, I request you, Hon 'ble Prime Minister oflndia to initiate necessary steps in order to save the Top Most image of the judiciary. To that effect my sincerest request also goes out to all political parties of India to extend their fullest cooperation in maintaining the impeccable image at all times, a mission that you are striving for in order to cure all the ills that has befallen our great nation an importantly that the judiciary maintains an unblemished reputation for perpetuity."

12. It would be relevant to mention, that at the beginning of the year 2017, the issue of transfer of Shri Justice C.S. Kaman from the Madras High Court to the High Court of Calcutta, had evoked animated public debate. At this juncture, his attitude became far more aggressive, .than hitherto before. His insinuations were now more pointed, his prominent singular focus being his colleague Judges, of the Madras High Court (present and former), and the Judges of the Supreme Court, who had a nexus with the Madras High Court, possibly under the belief, that they were responsible for his tribulations. Included in the list, were also Judges of the Supreme Court (including Chief Justices), who had an occasion to deal with matters, involving JustiCe Kaman. It is essential to detail some of these communications, in order to understand the content and nature of the allegations. ·

IN RE, HON'BLE SHRI JUSTICE C.S. KARNAN 235 [JAGDISH SINGH KH_EHAR, CJI]

13. In the above context, reference may first be made to three communications dated 27.1.2017. The first of these communications was addressed to Shri Justice" ... M.M.S .... ",a Judge of the Madras High Court. The contents of the letter indicate, that the concerned Judge invited Shri Justice C.S. Kaman, to the weekly Wednesday-night dinner, hosted by Judges at the Madurai Bench. It was alleged, that even though the appointed time was 8.00 p.in., since he had not reached the dinner venue, he was called on his telephone by Shri Justice" ... M.M.S .... ", and was requested, that the Judges at the dinner venue were waiti'ng for him (Justice Kaman), and they would commence their dinner, only upon his arrival. It was alleged, that he (Justice Kaman) reached the venue immediately thereafter. It was alleged in the above letter, that on reaching the venue, he observed that most of the Judges had already had their dinner, while the rest had already commenced their dinner. It was the assertion of Justice Kaman, that he had been invited only for irritating him, ragging him, and ridiculing him. Since the above actions were committed with a malafide intention at a public place, Justice Kaman D wrote in his above letter, that he reserved the right to invoke his judicial power, and thereby, to take action against the concerned Judges suo- motu; for their prosecution. A copy of the instant letter was endorsed to the Prime Minister oflndia, the Union Law Minister and the Chief Justice oflndia.

14. The second letter also dated 27.1.2017, wafi,addressed to Shri E Justice " ... A.A ...." (retired). In the instant letter, he accused Justice " ... A.A. ... " and Mrs. Justice" ... A.J .... " fortheir role along with the other Judges, in socially boycotting him (Justice Kaman), and for ragging him. It was pointed out, that he had lodged a complaint against the said Judges, before the National Commission for Scheduled Castes and F Scheduled Tribes. He also affirmed, that copies of the said complaint, had been sent to various dignitaries, including the ChiefJustice oflndia. The pointed insinuation against Shri Justice" ... A.A...."and Mrs.Justice " ... A.J ...."was, that they had developed illicit relations, inasmuch as, they were behaving as husband and wife. It was also alleged, that the elder daughter of Mrs. Justice " ... A.J ...." had committed suicide by G consuming poison, only to avoid the disgrace suffered by her, on account of the relationship between Shri Justice" ... A.A ...."-and her mother Mrs. Justice" ... A.J .. ~." In the above second letter dated 27.1.2017, Justice Kaman alleged, that the above mentioned Judges were chargeable H

236 SUPREME COURT REPORTS (2017] 9 S.C.R.

A under Section 306 of the Indian Pei;ial Code, alongwith other Judges, namely, Shri Justice" ... S.N .... ", Shri Justice•· ... N.K .... " and Shri Justice" ... S.M.K .... ",who had misused their judicial power, to prevent the initiation of criminal prosecution against them. In the instant letter, Justice Kaman also accused the above two Judges, for having conspired with six other named sitting Judges of the Madras High Court, for having 8 instructed the Registry of the High Court, not to extend assistance to Justice Kaman, in conducting religious ceremonies, after the demise of his father. ·

15. The third letter also dated 27.1.2017, was addressed by Justice Kaman, to the Registrar General of the Madras High Court. It was alleged therein, that he (Justice Kaman) had already lodged a complaint against Shri Justice" ... S.N .... ", who had maintained two concubines, namely, Mrs. " ... J.(M) ... " and Mrs. " ... R.S .... " It was also alleged, that the factual position pertaining to this illegal alliance, had been brought to the notice ofthe Acting Chief Justice. Through the third communication dated 27.1.2017, Justice Kaman had also enquired about the stage of investigation, of the case.

16. In February, 2017, Justice Kaman assumed charge at the Calcutta High Court. From Calcutta, Justice Kaman addressed an undated letter to the Prime Minister of India, with copies to the Chief E Minister ofTamil Nadu, the Chief Justice of the Supreme Court oflndia, the Chief Justice of the Madras High Court and the Registrar General of the Madras High Court. Besides ridiculing the system of appointment of Judges since 1990, which (according to him) favoured the upper castes, he adopted the following stance on the subject of appointments:-

F "His Excellency. the President oflndia and Hon'ble Prime Minister of India have given their valid view that transparency and clarity are of paramount importance with the judiciary. Even then the Collegium is maintaining secrecy on the mode of appointment of · Judges. since the appointment of Judges are evolving in the documents during the processing. where in unwanted things are G actually happening like soliciting of pretty women. heavy liquor consumption. acquisition of mass wealth, forgety and other forms of gross misdemeanor. within a Court of law. I am not casting aspersions but rendering direct accusations for which I am prepared to stand at any time for a confrontation." H

IN RE, HON'BLE SHRI JUSTICE C.S. KARNAN 237 [JAGDISH SINGH KHEHAR, CJ!]

17. Having viewed the unsavory allegations levelled by Justice A Kaman over a span of time, it was prima-facie felt, that his conduct towards a large number of named Judges and the judiciary in general, had seriously blemished and tarnished the image of those concerned in .particular, and the judiciary as a whole. It was accordingly decided to initiate sucrmotu proceedings, for contempt of Court. A Bench comprising B of the seven senior most Judges of the Supreme Court was constituted, to examine whether or not Shri Justice C.S. Kaman was guilty of having committed contempt. On the administrative side, the entire material referred to above, was entrusted to the Attorney General for India. He was also requested to assist the Court, in the matter, on the judicial side. On 8.2.2017, the Bench passed the first judicial order:- C "I. Issue notice to Shri Justice C.S. Kaman, returnable on 13.02.2017.

2. The Registry is directed to ensure, that a copy of this order, and the letters taken note of while issuing notice, are furnished to Shri Justice C.S. Kaman, during the course of the day, through the D Registrar General of the Calcutta High Court.

3. Shri Justice C.S. Kaman, shall forthwith refrain from handling any judicial or administrative work. as may have been assigned to him. in furtherance of the office held by him. He is also directed to return, all judicial and administrative files in his possession, to the Registrar General of the High Court immediately.

4. Shri Justice C.S. Kaman shall remain present in Court in person, on the next date of hearing, to show cause. 5. The learned Attorney General has assisted us during the 2 course of hearing, today. We request him to assist us, during the course of further proceedings in the matter."

18. Shri Justice C.S. Kaman in response to the order dated 8.2.2017 (extracted above) addressed a letter to the Registrar General of this Court on I0.2.2017. He expressed the following view, on the initiation of suo-motu contempt proceedings against him:- G "In the above mentioned suo-motu petition it is not maintainable against a sitting Judge of the High Court, further the Suo-motu Contempt order passed against me. since .I have sent representations to the various Govt. Authorities regarding high H

238 SUPREME COURT REPORTS [2017) 9 S.C.R.

A irregularities and illegalities occurring at the Judicial Courts. I am also a responsible Judge fo control such high irregularities especially corruption and malpractice. I have furnished comprehensive proof of unethical practices happening with the respective Courts. Before obtaining any explanation from me, I wish to state that the B Courts have no power to enforce punishment against a sitting Judge of the High Court. This said order does not conform to logic, therefore it is not suitable for execution. The characteristic of this order clearly shows that the upper caste Judges are taking the law in their hands and misusing their judicial power by operating the same against a SC/ST Judge (Dalit) with mala fide intention c to get rid of him. Therefore the Suo-motu Contempt Order dated 8.2.2017 is not sustainable under law. On 15.2.2016 I proclaimed a staten;ient in front of the Madras High Court premises which was attended by the Press Media and Electronic Media wherein the crucial statement by me was that Mr. Justice" ... S.K.K .... " D is the root of all corruption at the above-mentioned Court. To substantiate my proclamation, I even offered to counteract any contempt order he may level against me. However, it is apparent that he was wary of facing the facts. Now, after keeping silence on this crucial issue for over a year, or as the adage which says: "The dust as settled down", he brought up the issue aspiring himself E as a candidate for the elevation to the Apex Court. I now challenge him even at this 11th hour to prove himself being an unblemished Judge so that he may qualify for the elevation as a Supreme Court Judge. Furthermore. 1 even gave a recent allegation that there were 20 F Corrupt Judges at the Madras High·Court and that the Hon'ble Justice" ... K.K .... " is no. I, even this accusation was ignored although my complaint is still on file. It is observed that the 7 Judges mentioned above are all out for a Contempt Case against me. presumably to clear the path forJustice Mr. " ... S.K.K ... .'s" G elevation; Please don't let it be tlie case of "Locking the stable after the horse has bolted". The Suo-motu Contempt Order against me a Dalit Judge and restraining my judicial and administrative assignment is unethical and goes against the SC/ST Atrocities Act. It is certainly a National Issue and a wise decision would be to refer the issue to ~he House of Parliament. On 15.2.2016. I H

IN RE, HON'BLE SHRI Jl}STICE C.S. KARNAN 239 [JAGDISH SINGH KHEHAR, CJ!] ·

also included in my proclamation that Hon'ble Justice Mr. "... A J.S.K. ... "and Mrs. Justice" ... R.B. ... "passed a similar harsh . order against me, therefore I am constraint to give a direction to the Commissioner of Police. Chennai. to register a criminal case against the both mentioned Hon'ble Judges. Therefore, the present Chief Justice oflndia is obviously bearing the same prejudice as in the past by passing the same order. ·Therefore my deep request is to hear the Suo-motu Contempt after retirement of Chief Justice ofindia. In the meanwhile my administrative work and judicial assignment could be restored. My main contention is only to uproot the corruption prevailing at the Madras High Court, and not to spoil the sanctity and decorum of the Court. The Hon 'ble Judge have passed this sort of an unusual order · which effect the Star Articles of 14 and 21 of the Constitution by derogating the principle of natural justice. I issued a list of the corrupt Judges wherein an enquiry is mandatofy;as such the Suo- D motu Contempt Petition is not maintainable. The order of the Apex Court in the Suo-motu Contempt Petition is erroneous and has been willfully wantonly and with mala fide intention was passed. Therefore. these proceedings may be referred to the Parliament. wherein I will establish the high rate of corruption prevailing with E . the Judiciary at the Madras High Court. The said Order also violating Article 2 I9 of the Constitution since there is distinct ill- will in the order. Hence, I request the Hon 'ble Judges to hearthe matter after the retirement of the present Chief Justice oflildia but if considered urgent then refer the matter tO"Parliament. This is my humble and urgent submission. Further the Hon'ble Supreme · F Court had not granted the stipulated time which is highly irregular." A perusal of the above letter of Shri Justice C.S. Kaman very clearly demonstrates, that he had made allegations against a large number of Judges, which he continued to maintain, were c·orrect.,_ He also acknowledged, that he had addressed the media, after. this Coi1rt had G issued notice to him (on 8.2.2017), wherein he affirmed the allegations he had made against 20 named Judges of the Madras High Court. He also declared before the Press, thatthe then Chief Justice of the High Court, was at the top of the list, amongst corrupt Judges. He also affirmed, having issued a direction to the Commissioner of Police, Chennai, H

240 SUPREME COURT REPORTS [2017] 9 S.C.R.

A to register a case against two Judges of the Supreme Court (Shri Justice " ... J.S.K .... "and Mrs. Justice ... "R.B. ... "),with reference to a judicial order passed by them.

19. Shri Justice C.S. Karnan, was duly served the notice in the Suo-Motu Contempt Petition, for 13.2.2017. He had been asked through B the earlier order dated 8.2.2017 to enter appearance in person. He· chose to remain absent and unrepresented. It was, therefore, that the second judicial order was passed on 13.2.2017. The above order confirmed the interim directions issued by the first order (dated 8.2.2017). The Bench, rather than taking any stringent steps against Justice Kaman, for not having entered appearance as directed (despite due service), C granted liberty to Justice Karnan to appear in person on 10.3.2017-the next date of hearing. The text of the order dated 13.2.2017 is reproduced below:- "Sri Justice C.S. Kaman has been duly served. in terms of the motion Bench order dated 08.02.2017. A communication dated D 10.02.2017 addressed by Sri Justice C.S. Kaman to the Secretary General of this Court has been received in the Registry of this Court. Every page of the above communication bears his signatures. The aforesaid letter of Sri Justice C.S. Kaman is taken on record.

E 2. Despite due notice, Shri Justice C.S. Kaman has not appeared. No one has been authorised by Sri Justice C.S. Kaman to represent him today. In any case, no one having a power of attorney, has represented him today. We are not aware of the reason(s) for his non-appearance. It is therefore, that we refrain from proceeding F with the matter as of now.

3. Post for hearing on 10.03.2017 at 10.30 a.m. Sri Justice C.S. Kaman is directed to be wc~ent in Court in person, on the next date of hearing. We also hereby direct, that the interim order passed in this matter on 08.02.2017, shall continue till further orders.

G 4. lt is necessary to notice, that certain counsel, appeared on their own. We enquired from them, whether they were duly authorised by Sri Justi.ce C.S. Kaman, and were in possession of a power of attorney to represent him. They had no such authorization. These learned counsel submitted, thatthey proposed to file impleadment H

IN RE, HON'BLE SHRI JUSTICE C.S. KARNAN 241 [JAGDISH SINGH KHEHAR, CJI] ' . . .

application on behalf of certain organiz~tion. The oral prayer for impleaqment is rejected. · S. Since contempt proceedings are a matter strictly between the Court and the alleged contemnor, anyone who enters appearance. and disrupts the proceedings of this case in future, should understand that he/she can be proceeded against, in consonance with law. All that we need to say is, that no one should appear in this matter, without due consent and authorization.

6. The Registry shall communicate the instant order to Sri Justice C.S. Karnan, in the same manner as he was communicated the previous order.'.' C

20. On 13.2.2017, Justice Kaman addressed another letter to the Secretary General of this Court. And through the Secretary General, to the members of the Bench dealing with the contempt proceedings. In. the instant letter he requested the Bench, to restore his judicial and administrative work, as he was to retire shortly. He also undertook to D . ·cooperate with this Court, in furtherance of the contempt proceedings initiated against him. The short text of the above communication dated 13.2.2017, is reproduced below:- "My Hon'ble Lords, please resume my Administrative & Judicial work forthwith since my retirement is imminent. I will certainly E co-operate with the Contempt proceedings; please circulate to all the concerned Hon'ble Judges and oblige." Justice Karrian also addressed a separate letter dated 13.2.2017, purporting to be his explan~tion, to the show cause notice issued to him. Relevant extract of the s~me is reproduced below:- F " ... The following purports to be my conde_nsed explanation: - (I) I am fighting for righteousness and for the welfare of the · general public oflndia. . .ti": (2) I reiterate as always done. during the last few years about the G . high rate of Corruption at the Courts I served and still. se;ving. besides the Supreme Court oflndia. I will not cease my efforts · and will continue to fight until every wrong doing is uprooted. (3) It should be noted that there has been no adequate representation from the minority communities such as the Muslims, •- H

242 SUPREME COURT REPORTS [2017] 9 S.C.R.

A Christians, Schedule Caste and Schedule Tribe and of the most backward Communities, to the High Courts and Supreme Cou11 even though the total- strength of Judges is around 1100, an insignificant few including myself are holding the position of Justice of the peace. B (4) Therefore, I request the Hon'ble Supreme Court Collegiuin to appoint as Judges around 400 candidates from the Schedule Caste, Schedule Tribe and of the Minorities including most Backward Classes so that Justice will prevail on a neutral stance and that no quartet is biased and no one is benefitted. The balance of power if unfortunately centred with the upper caste J~dges resulting in c the worst cormpt scenario ever witnessed since India attained Independence in 1947. I, as a serving Judge of the Judiciary cannottolerate the degeneration of the Judiciary by corrupt Judges and in this regard I have placed on record the corruption of various Judges overthe years. D (S) Mr. Justice" ... N.K .... ",Judge of the Madras High Co111i kicked me with his shoe and slyly removed my name tag pinned on my seat at a public function and l immediately reported this matter to the Supreme Court with intimation to the Chairman of , the Schedule Caste aitd Schedule Tribes Commission. This incident E smacks of the prejudice coming from a dignified Judge and is the worst form of corruption as per the Atrocities Act of the Indian Constitution. This complaint is pending with the Court for around 4 years. Hence, I am seeking a comprehensive enquiry to all my allegations.

F (6) Mr. Justice" ... S.M.K ..... " has committed a custodial rape with his intern, namely Ms." ... D.... "and as a consequence of his dastardly crime she conceived and delivered a male baby. Both Ms." ... D.... "and the boy child are living. If this atrocious crime coming from a High Court Judge, as alleged by me cannot be determined then w!iy cannot the case be examined by more G professional investigators? This incident coming from the precincts ofth'e Madras High Court is now known to the general public. Is the generai:public to believe that Judges are above the law? As anyone can easily discern, these are genuine reasons why I am looking forward to a comprehensive review'Of all my allegations H

IN RE, HON'BLE SHRI JUSTICE c,s. KAJ~.NAN . 243 -· [JAGDISH SINGH KHEHAR, CJIJ ..

and not be considered- "A spoil sport". All my efforts.are most paramount and imperative since it is solemnly meant for the upholding of the sanctity and decorum of the Courts." \ A perusal of the above reply of Justice. Kaman· reveals, his unequivocal and steadfast assertion, about the high rate of corruption in Courts, including Judges of the Supreme Court oflndia. His pointed and direct allegations against some individual Judges, were again reiterated.

21Copy pinpoint21. Despite the fact that the Registry of this Court, had duly communicated the order dated 13.2.2017 to Shri Justice C.S. Kaman, he chose not to enter appearance even on 10.3.2017. To procure the presence of Shri Justice C.S. Kaman, this Court passed the following c. order on 10.3.2017:- ,· "l. Notice of this petition has been duly served. Despiteservice. - wherein the personal presence ofShri Justice C.S.Karnan. in this Court, was ·imperative. he has neither entered appearance in person. nor through counsel. . . D

2. It would be pertinent to mention, that the Registry of this Court received a fax message, from Shri Justice C.S,Karnan, dated 08.03.2017, seeking a meeting with the Chief Justice and the Hon'ble Judges of this Court, so as to discuss certain administrative issues expressed therein, which primarily seein to reflect the allegations levelled by him against certain named Judges. The above fax message, dated 08.03.2017, cannot be considered as a response ofShri Justice C.S.Karnan, either to the contempt petition, or to the notice served upon him. · · ·

3. In view of the above. there is no other alternative butto seek the presence of Shri Justice C.S.Karnan by issuing bailable warrants. Ordered accordingly. Bailable warrants. in the sum of Rs. l 0,000/- (Rupees ten thousand). in the nature of a personal bond. to the satisfaction of the arresting officer. be issued. to ensure the presence of Shri Justice C.S.Karnan. in: this Court, on 31.03.2017, at l 0.30 A.M. G

4. We would appreciate ifthe aforesaid bailable warrants, are served on Shri Justice C.S.Karnan, by the Director General of Police, West Bengal. · ·

5. Post for hearing on 31.03.2017, at I 0.30 A.M." H

244 SUPREME COURT REPORTS [2017] 9 S.C.R.

22Copy pinpoint22. On the very day the third judicial order dated 10.3.2017 was passed, Shri Justice C.S. Kaman purportedly in exercise of suo-motu extra ordinary original jurisdiction (under Article 226 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure), passed an order dated I0.3.2017. Relevant part of the above order, is extracted below:- B "As known to law, no contempt either civil or criminal can be initiated against a sitting High Court Judge under Sections 2(c), 12 and 14 of the Contempt of Courts Act or under Article 20 of the Constitution oflndia. But subverting all cannons ofjustice the accused persons due to pre-conceived prejudicial notion have c initiated the above mentioned unlawful, illegal and unconstitutional suo-motu contempt proceedings only with the view to somehow punish a sitting Judge of this Court belonging to a Scheduled Caste community. · -

2. It is also a well-known factor only a motion of impeachment D can be initiated against a sitting Judge of the higher judiciary before the Parliament after due enquiry under the Judges' Enquiry Act.

3. It is well within judicial knowledge a first attempt was made by the Apex Court in the colourful transfer from the High Court of Judicature at Madras to the High Court of Judicature at Calcutta. E

4. It is also a open secret that a die-hard affidavit was filed before the Apex Court by Advocates Shanti Bhushan and Prashanth Bhushan in a similar contempt case touching upon several corruption charges on sitting and former Supreme Court Judges now pending in the cold storage of the Supreme Court for years, F without any action either way.

5. It is also within judicial knowledge that all communications, draftings to the appropriate executive, legislative and judicial authorities is only permitted legal ventage which in no way invite suo-motu contempt proceedings much less on High Court Judges. G 6.Another clinching matrix is that none of the following 13 persons have preferred any complaint or defence against, whereas the accused persons have taken upon themselves as protocol guardians on the allegations of the following persons:-

IN RE, HON'BLE SHRI JUSTICE C.S. KARNAN [JAGDISH SINGH KHEHAR, CJI]

"l. Mr. Justice ". :. S.K.K .... "; A

2. Mr. Justice" ... S.M.K.... ";

3. Mr. Justice" ... V.R.S.M .... ";

4. Mrs. Justice " ... C.V. ... ";

5. Mr. Justice" ... R.S.R.... ";

6. Mr. Justice" ... R.K.A .... "; B

7. Mr. Justice" ... T.S.T.... ";

8. Mr. Justice" ... M.Y.l.... ";

9. Mr. Justice " ... LK. ... "; l 0. Mr. Justice " ... A.K. ... ";

11. Mr. Justice" ... E.D.R .... ";

12. Mr. Justice" ... K.N.B .... "; c

13. Mr. Justice" ... A.A .... ";

14. Mrs. Justice" ... A.J .... ";

15. Mr. Justice" ... V.D .... "; · 16. Mr. Justice" ... M.M.S .... "; 17 Mr. Justice " ... N.K. ... "; D

18. Mr. Justice" ... N.N .... ";

19. Mr. Justice" ... T.R. ... ";

20. Mr. Justice" ... S. :..".

21. Mr. " .... H.... ", Private Secretary-cum-Registrar;··

22. Mr." ... P'.K. .. :",Registrar; &

23Copy pinpoint23. Mr.~· ... S.P....",Advocate & President, E Tamil Nadu Advocates Association. xxx xxX: .

In the result. I direct the Central Bureau oflnvestigation to register. investigate and file a report before the appropriate Court of law F under Article 226 read with Section 482 Cr.P.C. to prevent abuse of process of any Court and to secure the ends of justice invoking my inherent powers of this Hon'ble Court. under the appropriate criminal provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 1989 and other Penal provisions against the accused persons and I further direct the Secretary G Generals of the Lok Sabha and Rajya Sabha to place the entire facts of the case before the Speaker for appropriate enquiry under the Judges' Enquizy Act and consequently I reguest His Excellency the President oflndia to recall the bailab.le warrant illegally issued H

246 SUPREME COURT REPORTS [2017] 9 S.C.R.

A by the Supreme Courton 10.3.2017 and lift the non-work allotment ban of port-folio allocation and file a report within 7 fseven) days before this Hon'ble Court. Dated and signed by me this day I01h of March, 2017 ." The above suo-motu order was endorsed to this Court. It was B also endorsed to the Rajya Sabha Secretariat (Legislative Section), whereupon, the Raj ya Sabha Secretariat (Legislative Section) addressed the following Jetter to this Court:- "RAJYA SABHA SECRETARIAT (LEGISLATIVE SECTION) C Subject: Suo-motu extra ordinary special original jurisdiction under article 226 of the Constitution read with section 482 of Criminal Procedure Code, 1973 - Communication from Shri Justice C.S. Kaman, Judge, Calcutta High Court regarding. A copy of the communication on the above mentioned subject, containing, an order dated the IOlh March, 20 l 7 passed by Shri Justice C.S. Kaman, Judge, High Court of Calcutta in Suo-motu W.P. (Criminal) no. l of2017 is sent herewith. It has been mentioned in the order that seven Judges of the Supreme Court, including the Chief Justice ot'India (names mentioned in the order), alorig with the Attorney General of India in suo-motu contempt petition (C) no. l of 20 l 7 dated 8.2.20 l 7 have called for his appearance on 10.3.2017 citing various reasons and has inter-alia directed that the Secretary-General ofRajya Sabha may place the entire facts of the case before the Hon'ble Chairman, Rajya Sabha for appropriate enquiry under the Judges (Inquiry) F Act, 1968. Shri Justice C.S. Kaman has posted the matter to 3 l .3 .20 l 7 for compliance and reporting.

2. In this connection, it is stated that the provisions of the Judges (Inquiry) Act, 1968 become operative only when there is a substantive motion meeting requirements under Section 3(1) of G the Judges (Inquiry) Act, 1968 presented in either House of the Parliament. Hon'ble Chairman, Rajya Sabha cannot take any suo-motu action in this regard at this stage since there is no motfon before him to consider taking the action.desired by Justice Kaman. Further, as per practice and convention, Hon' ble Chairman, Rajya Sabha or Secretary-General, Rajya Sabha do not respond to the H

JN RE, HON'BLE SHRI JUSTICE C.S. KARNAN 247 [JAGDISH SINGH KHEHAR, CJI]

notices/orders received from the courts and all such A communications are forwarded to the Ministry of Law and Justice for apprising the concerned court about the correct constitutional/ legal procedure.

3. The Ministry ofLaw and Justice is therefore requested to kindly look into the above matter and inform Shri Justice C.S. Kaman, B Judge, High Court of Calcutta aboutthe procedure relating to the conducting an enquiry or constitution of an Inquiry Committee· under the Judges (Inquiry) Act, 1968." A perusal of the order passed by Justice Kaman, and the letter endorsed to the Supreme Court by the Rajya Sabha Secretariat c (Legislative Section), affirm the continuation of his actions in levelling corruption charges against Judges by name. The above communications also demonstrate, that he wished to publicize the allegations of corruption, against his colleague Judges.

23. At this juncture, this Court received a very interesting· D communication, from the Registrar General of the High Court of Calcutta. Justice Karnan had addressed the above communication (- dated 14.3.2017) to the Registrar General of the High Court of Calcutta. The same is extracted below:- "To Dated the l4'h March, 2017 E The Registrar General, High Court, Calcutta Respected Sir, On 9.3.2017 one Mr. Mathew, Advocate. his Cell no. F 9820535428. came to my residence voluntarily and insisted on me to sign an order which was already _prepared in my name. In the said order I was required to give notice to the Hon'ble Judges as named below:- I. The Chief Justice of India, Mr. Justifce "·:-. J.S:K .... ".and .G Justice Mr. " .. .-D.M. , .. ", on the basis o a su1c1de riote written by former Chief Minister of Arunachal Pradesh; which I totally deny and simultaneously directed my personal security officerto · send out the said Advocate from my residence. Accordingly he· was sent out.· The copy of the writ petition and the order prepared H

248 SUPREME COURT REPORTS [2017] 9 S.C.R.

A by the above mentioned Advocate Mr. Mathew is enclosed ·herewith. A detailed enquii:y may be conducted on this issue and have the report submitted to the Hon'ble Judges as mentioned above for negessai:y investigation and appropriate action." The aforesaid communication was endorsed by the Registrar B General of the Calcutta High Court to the Supreme Court, alongwith its enclosures. The enclosures contained the text of a writ petition filed in the name of Bijoy Krishna Adhikary, and also, the alleged draft order, which Justice Kaman claims, he was asked to sign.

24Copy pinpoint24. Whilst the contempt proceedings were going on, Justice Kaman c regularly addressed letters, to this Court with reference to his alleged conduct, and the proceedings that had been initiated against him, he also continued to address the media on the subject. At this very relevant juncture, he passed another suo-motujudicial order (purportedly, invoking Article 226 of the Constitution oflndia, read with Section 482 of the Code of Criminal Procedure), dated 15.3.2017. The text of the above D order is reproduced below:- "IN THE HIGH COURT OF JUDICATURE AT CALCUTTA Suo-motu Judicial Order passed after invoking Article 226 of the Constitution oflndia read with Section 482, Criminal Procedure Code. E Present Justice C.S. Kaman To Dt. 15.03.2017 The Director, Central Bureau oflnvestigation, New Delhi F I have made a complaint before the Hon' ble Prime Minister oflndia, against 20 Hon'ble Judges consisting of Supreme Cou11 and High Court Judges, namely:- "I. Mr. Justice" ... S.K.K .... ";

2. Mr. Justice" ... S.M.K.... ";

G 3. Mr. Justice" ... V.R.S.M .... ";

4. Mrs. Justice" ... C.V.... ";

5. Mr. Justice" ... R.S.R. ... ";

6. Mr. Justice " ... R.K.A ....";

7. Mr. Justice" ... T.S.T.... ";

H 8. Mr. Justice" ... M.Y.E .... ";

iN RE, HON'BLE SHRI JUSTICE C:S. KARNAN 249 [JAGDISH SINGH KHEHAR, CJI]

9. · Mr. Justice " ... I.K.... ";

10. Mr. Justice " ... A.K .... "; I I. Mr. Justice" ... E.D.R .... ";

12. Mr. Justice" ... K.N.B .... ";

13. Mr. Justice": .. A.A. ... ";

14. Mrs. Justice " ... AJ .... "; ,- . B ·.IS. . " ... v·o Mr. Just ice . .... "·,

16. Mr. Justic~ " ... M,M.S .... ";

17. ._Mr. Justice" ... N.K. ... ";

18. Mr. Justice" ... N.N .... ";

19. Mr. Justice " ... T.R....";

20. Mr. Justice " ... S.... ". c The said complaint is still pending enquiry on the tile of the Hon'ble Prime Minister of India. In the said complaint) have i;nentioned l 0 inferences in order to probe the dishonesty-Of Judges. Under these circumstances the Hon'ble Supreme Court had issued Suo-motu Contempt Order on 8.2.2017 against me, and D also restraining my judicial and administrative work, the said order is not sustainable under law since no jurisdiction, no cause of action arise fr~m the Supreme CO\lrt and no provision. As such the Hon'ble Judges have misused their judicial and administrative power. Further the Hon'ble 7 ~udges who·after breaking the E Indian Constitutional Law by constituting an unconstitutional Bench, hence they are the contemnors since they ~ave committed contempt of their own Court. Further the Hon'ble Judges have wantonly, deliberately and with mala fide intention insulted me at a public institution which amounts to harassment towards a Dalit Judge. As such all the 7 Hon'ble Judges have been squarely · F covered under the Scheduled Castes and Scheduled Tribes · Atrocities Act. Hence, I have passed a Suo-motu Judicial Order to you on 10.03.2017 for a comprehensive enquiry and to submit the final report before the Parliament. . Now I am giving one more direction through my Suo-motu G Judicial Order to conduct a detail enquiry on my complaint dated ;,. 23.1.2017 and submit the final report before the Parliament for further discussion, since it is a national issue. Further normally a complaint if levelled by any citizen oflndia against whomsoever he may address, then that complaint has to be disposed of on H •' . "

250 SUPREME COURT REPORTS [20 I7] 9 S.C.R.

A merits which is the procedure of law. In my case the Hon'ble 7 · Judges without following the procedures of law whatsoever and by taking the law in their hands have operated their judicial and administrative power as per their own liking, besides the Hon 'ble Judges wantonly and deliberately have ignored the Hon' ble Prime Minister's Office wherein my complaint is pending enquiry. As B such the Hon' ble Judges have violated Article 219 of the Constitution besides violating the principle of natural justice besides functioning against Article 14, 21 and I 9(g)(i) which are prime Articles of the Constitution. Therefore, on my complaint on 23.1.2017 which has to be c decided on merits is of paramount importance in order to maintain the public confidence and balance of convenience. Further I undertake that I will extend my full co-operation and co-ordination to establish my complaint dated 23.1.2017 and with sufficient documentary proof which is available at the Madras High Court D Registry. Accordingly ordered. l. Justice" ... J.S.K .... " - Chief Justice oflndia

2. Justice" ... D.M .... "

3. Justice " ... J.C .... "

4. Justice" ... R.G. ..."

E 5. Justice " ... M.B.L ...."

6. Justice" ... P.C.G...."

7. Justice " ... K.J .... " My Lords, on my impugned complaint dated 23.1.20 I7 which has been levelled against 20 Judges under corruption charges. Now the said complaint has to be decided on merits by the Director, Central Bureau of Investigation, New Delhi. Therefore your Suo-motu Contempt Petition no. I of2017 and its interim orders including bailable warrant becomes infructuous and a null and void. Hence I make deep request to cancel your above mentioned Constitutional Bench and restore my normal judicial and administrative work and oblige.

Yours Sci/- (Justice C.S. Kaman)" H

IN RE, HON'BLE SHRI JUSTICE C.S. KARNAN 251 [JAGDISH SINGH.KHEHAR, CJI]

... It is not necessary for us to summarize the contents of the letter A extracted above.. We have chosen not to highlight any portion thereof. The contents of the letter however demonstrate, the extent of malice and contempt in the mind of Justice Kaman against his colleague Judges. 25 On.16.3.2017, Justice Kaman addressed the following commimication to the members of this Bench:- B . "To Date: 16.03.2017 · I.' Justice" ... J.S.K.... " - ChiefJustice oflndia

2. Justice" ... D.M .... "

3. Justice" ... J.C .. ..

4. Justice " ... R.G.... ·~ . C

5. iustl<;e " ... M.B.L. :.:'. .

6. Justice ''. ... P.C.G. ... " .

7. Justice " ... K.J ...." My Lords, you have constituted an unconstitutional Bench ·after breaking the Indian Constitutional Law and passed a Suo- D Motu contempt order against me in Suo-Motu Contempt Petition rio. I of 2017 wherein you have restrained my judicial and administrative work, the said:order has been passed with malafide intention in order to harass a Dal it Judge (myself). . The factual position of the case is. that I have levelled a . E complaint dated 23.1.2017, against 20 Judges for dishonesty before the Hon'ble Prime Minister oflndia which is pending enquiry. Under these circumstances. the above mentioned Hon'ble Judges have issued a Suo-Motu contempt order in order to protect the corrupt Judges. As such the above mentioned Hon'ble Judges have also colluded with them and secured their support by way of operating judicial power out of cause of action. out of jurisdiction, out of provision and constituted a wrong forum .. · Judge means a dignified' person of Law who has to hear both ~ides of the case and pass order in accordance with law. In the instant case the Hon'ble Judges have defended the case on behalf of the 20 erring Judges. Therefore, the Hon'ble seven Judges and other 20 Judges as mentioned are the Opposite parties/ respondents and myselfa complainant. As such the Hon'ble seven Judges passed a Suo-Motu.order which is illegal and improper. H

252 SUPREME COURT REPORTS (2017] 9 S.C.R.

A Hence I request you to cancel the unconstitutio11al Bench and restore my normal work. However. the Hon'ble seven Judges have prevented me in carrying out my judicial and administrative work from 8.2.2017 until now. Therefore. I am calling up on all seven Judges to pay B compensation. a sum of Rs.14 Crores (Rupees fourteen crores only) as compensation since you have disturbed my mind and my normal life. besides you have insulted me in the general public consisting of a population of 120 crores in India due to lack of legal knowledge. Now all seven Judges shall pay a part of the compensation within a period of7 days from the date of receipt c of this order. failing which on the same stand of yours (same footing). I will restrain judicial and administrative work of yours. This is for your information. Yours, Sd/- D (Justice C.S~ Kaman)"

The letter extracted above, also needs no further elaboration, and as such, we do not desire to substantiate the accusations levelled by Justice Kaman therein, any further. E

26Copy pinpoint26. The bailable warrant issued in this case, to procure the personal presence ofShri Justice C.S. Kaman, was served on him on 17.3.2017. Having signed the same in token of being duly served, Shri Justice C.S. Kaman recorded the following note thereon, in his own handwriting:- "On illy complaint dated 23.1.2017, the Supreme Court has issued F a Suo-Motu Contempt Order. On the same complaint, I directed the CBI to conduct a detailed enquiry an.d submit a final report before the Parliament at Delhi. Under the circumstances the bailable warrant is duly rejected, further I ordered to the CBI to register a criminal case against seven Judges of the Supreme G Court and Attorney General under the SC/ST Atrocities Act. As such all the seven Judges are accused under the said Act. Hence I urge the Hon'ble seven Judges to resign the.irrespective posts in the interest of justice and national welfare. Therefore the Hon'ble Judges have no locus standi to proceed the Contempt H

IN RE, HOWBLE SHRI JUSTICE e,,'8, KARNAN 253 [JAGDISH SINGH KHEHAR, CJI]

Proceedings against me any further. Since now the complaint A regarding the SC/ST Act between the Hon 'ble Judges and myself, I hope the Hon'ble Judges in future should not commit such a kind of illegal order with malafide intention otherwise the Jurisdiction system will deteriorate, therefore I rejected the bailable · warrant produced by the Ld. DGP &JG" B Shri Justice C.S. Kaman also addressed a letter dated 17.3.2017 to the members of the Bench hearing this case. The text of the same, is reproduced below:- "To : Date: 17.03.2017 c I. Justice", .. J.S.K .... " - Chief Justice oflildia

2. Justice" ... D.M .... " ·

3. Justice" ... J.C .... "

4. Justice " ... R.G. ... " · 5. Justice " ... M.B.L .... " D

6. Justice " ... P.C.G. ..."

7. Justice" ... K.J. ;.. "

My Lords, your bailable order dated I0.3.2017 in the Suo-motu Contempt Proceedings today, top Police Officers from the Calcutta E ·High Court Circle came to my residence in order to execute the bailable warrant earmarked for 10.30 am on 31.3.2017. I rejected the same after assigning valid reasons. This kind of.demeaning acts from your Lordships and further perpetrating the Atrocities Act is absolutely out of law to the utter embarrassment of a Dal it Judge. Hence, I request you to stop your further harassments in F order to uphold the dignity and decorum of our Courts. , . Yours, , Sd/-. (J11stice C.S. Karnan)'J,.- G

27Copy pinpoint27. On 3 l.J.2017 (the next date of hearing, after lQ.3.2017), Shri Justice C.S. Kaman appeared in person, and advanced submissions. During the course of hearing, he also handed over to the Bench, the following signed text, dated 25.3.2017:- H.

254 SUPREME COURT REPORTS [2017] 9 S.C.R.

A "To Date: 25.03.2017 l. Justice" ... J.S.K .... " - Chief Justice of India 2: Justice" ... D.M .... "

3. Justice" ... J.C .... "

B 4. Justice " ... R.G. ... "

5. Justice" ... M.B.L. ... "

6. Justice " ... P.C.G. ... "

7. Justice " ... K.J. . .. "

1. Now I unconditionally withdraw my complaint dated 23.1.2017 against 20 Hon'ble Judges alleging that they were dishonest in c their behavior. The said complaint addressed to the Hon 'ble Prime Minister of India. Hence I entreat this Hon' ble Court that the Suo-motu Contempt proceedings may be closed since my complaint is no more in force.

2. I unconditionally tender an apology before this Court if I D committed contempt of Court.

3. I will follow Your Lordship's advice and guidelines in future in orde~ to maintain the judicial system and its integrity.

4.1 will be retiring on "i 1.6.2017, therefore, I make a deep request E to permit me to retire from the Bench with the blessings of all brother and sister Judges of the Calcutta High Court. Hence, I pray Your Lordships to restore my judicial and administrative work and thus render justice and oblige. Yours, Sd/- F (Justice C.S. Kaman)" A perusal of the above communication, reveals an unmistakable acknowledgement by Justice Kaman, that he had factually addressed the letter dated 23. 1.2017, wherein, he had levelled allegations of corruption, against 20 Judges by name. However, in the submissions G made in the open Court, he reiterated the allegations against his former colleague Judges. Since the oral submissions made by Shri Justice C.S. Kaman during the course of hearing on 31.3.2017, were in complete contrast with the contents of the note extracted above, this Court passed the following fourth judicial order, on 31.3.2017:- H

JN RE, HON'BLE SHRI JUSTICE C.S, KARNAN 255 [JAGDISH SINGH KHEHAR, CJI] .

"I. Shri Justice C.S. Kaman has entered appearance in Cpurt in A · person. He was repeatedly asked, whether he affirms the contents of the letters, written by him, as are available on the record of the case. He was also asked whether he would like to withdraw the allegations. The instant latter query was made on the basis of a letterdated25.03.2017, which Shri Justice C.S. Kaman personally handed over to us, in Court today. He has not responded, in any affirmative manner, one way or the other. We would therefore proceed with the matter only after receipt of his written response. Shri Justice C.S. Kaman is hereby called upon to respond to the factual position indicated in the various letters, addressed by him to this Court, within four weeks from today. His response shall be filed by way ofan affidavit. Shri Justice C.S. Kaman is directed· to appear in Court in person on the next date of hearing.

2. The repeated requests of Shri Justice C.S. Kaman, that he should be permitted to discharge judicial and administrative duties, are declined. D

3. Post for hearing on 01.05.2017, at I0.30 AM." It is pertinent to record, that after the above order had been dictated, Justice Kaman while moving away commented, that he may be sent to jail, but he would not appear before this Court again. .E

28Copy pinpoint28. True to his statement. Shri Justice C.S. Kaman did not enter appearance on next date of hearing, (on 1.5.2017). But having viewed his submissions and his demeanour during the course of hearing on 31.3.2017, and having contrasted the same with the written text (-dated '· 25.3.2017), this Court was prima facie of the view, that he may not be in ..a fit condition to defend himself. It was' therefore, that his medical examination, was ordered on l.5.2017. The_ above order dated 1.5.2017 -the fifth judicial order of the proceedings, is repr~duced below:- " I. While issuing notice to Shri Justice C.S. Kaman on 8.2.2017, this Court had directed, that Justice Kaman would forthwith refrain from handling any judicial or administrative work, as may ~;ave been assigned to him, in furtherance of the office held by him. He · was also directed to immediately return all judicial and administrative files in his possession to the Registrar General of the High Court. H

256 SUPREME COURT REPORTS [2017] 9 S.C.R.

A 2. Ever since the initiation of these proceedings, he has been expressing further disrespect to this Court, he has also been making press statements with abject impunity. However, after the last order dated 31.3.2017, he is stated to have issued orders (purported to be judicial) ag:ainst the members of th is Bench, as also. another Hon'ble Judge of this Court. Those orders have been received in B the Registry of this Court, and are part of the present compilation. In order to ensure. that no Court. Tribunal. Commission or Authority takes cognizance of the orders passed by Shri Justice C.S. Kaman, we hereby refrain all Courts. Tribunals. Commissions or Authorities, from taking cognizance of any orders passed by Shri c Justice C.S. Kaman. after the initiation of the proceeding by us on 8.2.2017.