A judge at war with the judiciary: The controversial career of Justice CS Karnan

Controversial former High Court judge CS Karnan, who became the first sitting High Court judge in India to be sentenced to imprisonment for contempt of court, passed away on Friday (November 13). He was 71.

A polarising figure, Karnan’s judicial career was marked by a series of confrontations with fellow judges and the higher judiciary. From allegations of caste discrimination within the Madras High Court to accusations of corruption against Supreme Court judges, his actions repeatedly attracted national attention.

Caste discrimination allegations

Karnan’s disagreements with fellow judges at the Madras High Court came into the public eye in 2011, when he approached the National Commission for Scheduled Castes (NCSC), alleging discrimination and harassment on the grounds of his caste.

In a report published in November 2011, The Hindu detailed Karnan’s allegations, including an incident in which he claimed that a fellow judge had deliberately touched his feet with his shoes at a social function before apologising. He also alleged that other judges present had witnessed the incident.

Also read: OBC reservation: What Supreme Court’s latest order means

He subsequently spoke about the alleged humiliation at a press conference held in his chambers at the Madras High Court.

Judicial appointments

According to multiple reports, Karnan walked into a special Bench hearing a PIL concerning appointments to the Madras High Court on January 9, 2014. He objected to the selection process, alleging that the recommendations were unfair. The incident drew the Supreme Court’s attention.

In March 2014, the apex court disapproved of Karnan’s conduct, observing that his intervention had raised questions about the propriety of judicial proceedings.

Confrontation with Madras HC Chief Justice

Karnan’s confrontations with the Madras High Court administration escalated in April 2015, after then Chief Justice Sanjay Kishan Kaul constituted a five-member committee to interview candidates for the selection of civil judges. Karnan objected to the committee’s composition and questioned the qualifications and appointments of some of its members.

He subsequently initiated suo motu proceedings and issued an order staying the Chief Justice’s administrative decision concerning the selection process. Karnan also threatened to initiate contempt proceedings against Kaul and invoke provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against him, accusing him of harassment.

The Madras High Court registry approached the Supreme Court, seeking a stay on Karnan’s order.

Also read: CJI Surya Kant urges law graduates to uphold justice, defend liberty

Separately, Karnan wrote letters to senior constitutional authorities, including the Chief Justice of India, the President and the Union Law Minister, raising allegations of financial irregularities involving Kaul and the High Court’s Registrar General.

Controversial transfer

In February 2016, the Supreme Court collegium recommended Karnan’s transfer from the Madras High Court to the Calcutta High Court, citing administrative considerations.

Karnan challenged the move in an unprecedented manner. On February 15, he initiated suo motu proceedings and issued an order staying his own transfer, questioning the authority of then Chief Justice of India TS Thakur to recommend the move. He also sought a written response from the CJI and asked him not to interfere with his judicial jurisdiction.

The Supreme Court intervened the same day, directing the Madras High Court Chief Justice not to assign Karnan any judicial work. It also stayed the orders he had issued after February 12, 2016, the date of the transfer recommendation. The transfer eventually went through, and Karnan joined the Calcutta High Court in March 2016.

Corruption allegations against 20 judges

The most consequential controversy of Karnan’s judicial career erupted in January 2017, when he wrote to Prime Minister Narendra Modi alleging corruption within the higher judiciary.

In the letter, Karnan alleged corruption in the selection process for constitutional court judges, corruption involving judges and Chief Justices of various High Courts, and caste-based discrimination against him by fellow judges of the Madras High Court.

In a March 2017 order, he named 20 judges of the Supreme Court and various High Courts, accusing them of corruption and other irregularities. He also alleged that senior members of the judiciary had discriminated against him because he was a Dalit.

The allegations triggered an extraordinary response from the Supreme Court, which initiated suo motu contempt proceedings against Karnan in February 2017. A seven-judge Bench headed by then Chief Justice of India JS Khehar took up the matter.

The proceedings eventually culminated in Karnan being sentenced to six months’ imprisonment for contempt of court in May 2017.