2017 05 02 - 1493700006

IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
SUO MOTU CONTEMPT PETITION (C) NO.1 OF 2017
IN RE: HON'BLE MR. JUSTICE C.S. KARNAN
WITH
SPECIAL LEAVE PETITION (CIVIL)NO.14842 OF 2015
REGISTRAR GENERAL, HIGH COURT OF

JUDICATURE AT MADRAS … PETITIONER(S)
VS.
TAMIL NADU PUBLIC SERVICE COMMISSION

& ANR. … RESPONDENT(S)
O R D E R
Suo Motu Contempt Petition (C) No.1/2017 :
1. While issuing notice to Shri Justice C.S. Karnan on
8.2.2017, this Court had directed, that Justice Karnan
would 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 was also
directed to immediately return all judicial and
administrative files in his possession to the Registrar
General of the High Court.
2. Ever since the initiation of these proceedings, he
has been expressing further disrespect to this Court, he
1
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) against
the members of this Bench, as also, another Hon'ble Judge
of this Court. Those orders have been received in 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. Karnan, we hereby refrain all
Courts, Tribunals, Commissions or Authorities, from taking
cognizance of any orders passed by Shri Justice C.S.
Karnan, after the initiation of the proceeding by us on
8.2.2017.
3. The tenor of the press briefings, as also, the
purported judicial orders passed by Shri Justice C.S.
Karnan, prima facie suggest, that he may not be in a fit
medical condition, to defend himself, in the present
proceedings. We therefore consider it appropriate, to
require him to be medically examined, before proceeding
further. We, accordingly, direct the Director Health
Services, Government of West Bengal, to constitute a Board
of Doctors from Pavlov Government Hospital, Kolkata, to
examine Shri Justice C.S. Karnan, and submit a report to
2
this Court whether or not Shri Justice C.S. Karnan is in a
fit condition to defend himself. The above Board shall
conduct the examination on 4.5.2017. The Director General
of Police, West Bengal, shall constitute a team of police
personnel, to assist the Medical Board, in carrying out the
directions, recorded hereinabove.
4. The Medical Board shall submit its report to this
Court, on or before 8.5.2017.
5. Shri Justice C.S. Karnan may, if he is so advised,
furnish his response to the notice issued to him on
8.2.2017, in the meantime. In case he does not choose to
file a response on or before 8.5.2017, it shall be
presumed, that he has nothing to say in the matter.
6. Post on 9.5.2017, at 10.30 A.M., for consideration
and disposal on merits.
7. Shri R.S. Suri, Senior Advocate, and Shri Ajit Kumar
Sinha, Senior Advocate, President and Vice President
respectively, of the Supreme Court Bar Association, have
made an oral request, that they may be allowed to intervene
and assist this Court in the matter, given the importance
of the issue. Prayer is allowed. The Supreme Court Bar
Association, is permitted to intervene in the matter, and
assist this Court, on the merits of the controversy.
3
Special Leave Petition (Civil)No.14842/2015 :
1. Post on 9.5.2017, at 10.30 A.M., along with Suo Motu
Contempt Petition (Civil) No.1 of 2017.
...................CJI.
[JAGDISH SINGH KHEHAR]
.....................J.
[DIPAK MISRA]
.....................J.
[J. CHELAMESWAR]
.....................J.
[RANJAN GOGOI]
.....................J.
[MADAN B. LOKUR]
.....................J.
[PINAKI CHANDRA GHOSE]
.....................J.
[KURIAN JOSEPH]
New Delhi;
1st May, 2017.
4
ITEM NO.701 COURT NO.1 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SUO MOTU CONTEMPT PETITION (CIVIL)NO.1 OF 2017
IN RE: HONBLE MR JUSTICE C.S. KARNAN
WITH
SLP(C)No.14842/2015
(With appln.(s) for directions, intervention and permission
to appear and argue in person and Interim Relief and Office
Report)
Date : 01/05/2017 These petitions were called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE J. CHELAMESWAR
HON'BLE MR. JUSTICE RANJAN GOGOI
HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE
HON'BLE MR. JUSTICE KURIAN JOSEPH
For UOI Mr. Mukul Rohtagi,Attorney General for India

Ms. Madhavi Divan,Adv.
Ms. Ranjeeta Rohatgi,Adv.
For Petitioner(s) Mr. K.K. Venugopal,Sr.Adv.

SLP(C)14842/2015 Mr. Nikhil Nayyar,Adv.
Mr. Ankur Talwar,Adv.
Mr. N. Sai Vinod,Adv.
Ms. Smriti Shah,Adv.
Mr. Divyanshu Rai,Adv.
For Respondent(s) Mr. M. Yogesh Kanna.Adv.

Ms. Nithya,Adv.
Ms. Maha Lakshmi,Adv.
Mr. Partha Sarthi,Adv.
For Applicant(s) Ms. Uttara Babbar,Adv.

In IA 8 Ms. Akanksha Choudhary,Adv.
Intervenor Mr. Elephant G. Rajendran,Adv.,In-person
5
UPON hearing the counsel the Court made the following
O R D E R
The matters are directed to be listed on 9.5.2017,

in terms of the signed order.
(Sarita Purohit) (Renuka Sadana)

Court Master Assistant Registrar
(Signed order is placed on the file)

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IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

SUO MOTU CONTEMPT PETITION (C) NO.1 OF 2017

IN RE: HON'BLE MR. JUSTICE C.S. KARNAN

REGISTRAR GENERAL, HIGH COURT OF

TAMIL NADU PUBLIC SERVICE COMMISSION

Suo Motu Contempt Petition (C) No.1/2017 :

1. While issuing notice to Shri Justice C.S. Karnan on

8.2.2017, this Court had directed, that Justice Karnan

would 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 was also

directed to immediately return all judicial and

administrative files in his possession to the Registrar

General of the High Court.

2. Ever since the initiation of these proceedings, he

has been expressing further disrespect to this Court, he

However, after the last order dated 31.3.2017, he is stated

to have issued orders (purported to be judicial) against

the members of this Bench, as also, another Hon'ble Judge

of this Court. Those orders have been received in 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. Karnan, we hereby refrain all

Courts, Tribunals, Commissions or Authorities, from taking

cognizance of any orders passed by Shri Justice C.S.

Karnan, after the initiation of the proceeding by us on

3. The tenor of the press briefings, as also, the

purported judicial orders passed by Shri Justice C.S.

Karnan, prima facie suggest, that he may not be in a fit

medical condition, to defend himself, in the present

proceedings. We therefore consider it appropriate, to

require him to be medically examined, before proceeding

further. We, accordingly, direct the Director Health

Services, Government of West Bengal, to constitute a Board

of Doctors from Pavlov Government Hospital, Kolkata, to

examine Shri Justice C.S. Karnan, and submit a report to

fit condition to defend himself. The above Board shall

conduct the examination on 4.5.2017. The Director General

of Police, West Bengal, shall constitute a team of police

personnel, to assist the Medical Board, in carrying out the

directions, recorded hereinabove.

4. The Medical Board shall submit its report to this

Court, on or before 8.5.2017.

5. Shri Justice C.S. Karnan may, if he is so advised,

furnish his response to the notice issued to him on

8.2.2017, in the meantime. In case he does not choose to

file a response on or before 8.5.2017, it shall be

presumed, that he has nothing to say in the matter.

6. Post on 9.5.2017, at 10.30 A.M., for consideration

and disposal on merits.

7. Shri R.S. Suri, Senior Advocate, and Shri Ajit Kumar

Sinha, Senior Advocate, President and Vice President

respectively, of the Supreme Court Bar Association, have

made an oral request, that they may be allowed to intervene

and assist this Court in the matter, given the importance

of the issue. Prayer is allowed. The Supreme Court Bar

Association, is permitted to intervene in the matter, and