JUDGMENT :

Jagdish Singh Khehar, CJI.

Decided On : 09-05-2017

1. The task at our hands is unpleasant. It 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. Karnan. The initiation 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 of justice, 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 conclusions, without fear or favour, affection or ill-will.

2. 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 Karnan. 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