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In a first, SC issues contempt notice against HC Judge Karnan


The Hindu

Context

Bench directs him to forthwith refrain from undertaking any judicial or administrative work and return all his official files to the Calcutta HC Registry

What has happened?

A seven-judge Bench of the seniormost judges of the Supreme Court, in an unprecedented move, issued contempt of court notice against sitting Calcutta HC judge C.S. Karnan for impeding justice administration and bringing discredit to the judicial institution of the country by writing scurrilous (making scandalous claims) letters about sitting and retired judges

  • The Bench has directed Justice Karnan to forthwith refrain from undertaking any judicial or administrative work and return all his official files to the Calcutta HC Registry.

Show-cause notice

The Bench, led by Chief Justice of India J.S. Khehar, ordered Justice Karnan to appear in person before it on February 13 to show cause to the court why contempt proceedings should not be taken against him.

Constitutional power

Supreme Court as the apex judiciary is empowered under Articles 129 read with its extraordinary powers under Article 142 (2) to punish a member of the High Court and subordinate judiciary for contempt.

Article 129: The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself

Article 142: Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc

  1. The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe
  2. Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself

 

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