Hon’ble CJI by sending hundreds of policemen to serve arrest warrant to Justice Karnan as if to arrest a dreaded criminal and by calling a judge as lunatic and asking police force to produce him for medical examination with force , you are stooping to a low level . You and incumbent president of india are also accused of corruption by former Arunachal Pradesh chief minister late Kalhikho pul. You are intentionally deviating from core issue of corruption by high court , supreme court judges and president of india. You are accused of crime and you are trying all out to hide those crimes , corruption issues and to protect your corrupt colleagues. CORRUPTION IS A PUNISHABLE OFFENSE and hiding , covering up crimes , criminals is also one more offense. When you are the accused , how can you judge your own case. Before going further on contempt charges against karnan , supreme court must immediately take up corruption charges against incumbent president of india , chief justice of india and corrupt judges accused by Justice karnan.

The mafia of corrupt has never allowed for transparent , impartial investigation into criminal cases involving higher judges & public servants. Justice Karnan is in the position of high court judge due to his merit , talent , education not on the basis of reservation or anybody’s mercy. Justice Karnan is a whistle blower , he has exposed corruption in the higher judiciary , he has not done any crimes. Now , powers that be instead of ordering for a fair investigation into his charges, is trying all out to silence him. Some people are even making personal attacks , by calling him lunatic. Those persons may be beneficiaries of the existing corrupt judicial system and they want to continue with this present corrupt system.

In a Mental Hospital ward , say there are number of mentally challenged patients playing inside the ward. A doctor & his assistant enters the ward to check , give routine medicines , injections to patients and then all those patients call the doctor himself as mad. It is the same situation now.

Are not the so called learned , aged advocate ( @ god’s airport ) and learned judges see the crimes by judges in the past. See sample cases mentioned above & below. What action taken by those learned judges & learned advocate , to safe guard law in the above / below mentioned cases? Our judicial system is being weakened by corrupt judges & few , greedy advocates ( learned ? ) , NOT by whistle blowers who have sacrificed to protect the nation from corrupt people.

In the past few judges belonging to powerful castes facing charges of gravest crimes , got a smooth sailing , their cases white washed. But Justice Karnan belonging to oppressed Dalit class is being tortured for standing up against corruption. He has done no crimes. This is the very reason few honest judges & honest advocates keep silent fearing victimization.

Hereby , we demand Honourable Supreme Court of India :

1. To order transparent , impartial investigation into all the above mentioned corruption cases involving high ranking judges and president of india.

2. To order for filing charges under SC / ST Atrocities Prevention Act against high ranking judges who tortured Dalit Judges – Justice Karnan , Justice Gawl & Justice Ramakrishna.

3. To order for filing charges under SC / ST Atrocities Prevention Act against learned advocate & others who made personal attacks on Justice Karnan by calling him as lunatic and for obstructing legal prosecution of the corrupt judges.

4. To immediately stay all contempt proceedings against Justice Karnan till the corruption charges leveled by him against high ranking judges are enquired into.

5. To immediately post all the cases concerning Justice Karnan , to a neutral bench to conduct trial in a transparent manner as the accused are incumbent chief justice of india and a supreme court judge. An accused cann’t be a judge in his own case.

6. Even though Justice Karnan is in good health as stated by him and his family , CJI is hell bent to subject him to forcible medical examination. It is gross violation of Karnan’s human rights. If at all CJI wants to go ahead , on an equal footing CJI , his bench colleagues , Advocate General Mukul Rohtagi , learned ( ?) advocate Ram Jethmalani must also be subjected to medical tests , psychiatric tests , polygraph , lie detector tests by a neutral agency in a transparent manner.

7. The outrageous acts , orders of supreme court judges repeatedly , itself proves that indeed they are involved in the crimes of corruption or it’s cover up or both. Which is beyond doubt.

Jai Hind. Vande Mataram.

Your’s

Nagaraja Mysuru Raghupathi.

Stop targeting whistleblower Justice Karnan. Clean up the judicial system

By Mathews J Nedumpara

Senior advocate Ram Jethmalani recently wrote a scathing letter to the Calcutta High Court’s Justice CS Karnan, advising him to take back every word he has said about two Madras High Court judges and pray for pardon. Jethmalani has termed Justice Karnan’s actions as lunatic. Neither me nor the National Lawyers Campaign for Judicial Transparency and Reforms (NLC), of which I am the president, supports Justice Karnan nor justifies his “tantrums”. However, the NLC supports Justice Karnan because corruption has spread its tentacles in the justice delivery system.

Justice Karnan’s anger might be out of feelings of discrimination, isolation and, or, humiliation. His attack on his brother Judges of the Madras HC, sitting and retired, is perhaps vindictive. He accuses them of having indulged in corruption, nepotism and malpractice. Though many accused of corruption and malpractices by him could be innocent or could have indulged in venial and not venal act of corruption or malpractice, the allegation against at least a few of them may not be unfounded.

But the question to be answered is whether alleging corruption against sitting or retired Judges of the high court or the Supreme Court amounts to contempt of court as defined in Section 2(1)(c) of the Contempt of Courts Act, 1971 or will it attract the inherent jurisdiction of the Supreme Court under Art.138, r/w. Arts. 140 and 142 of the Constitution to punish a person for contempt of court.

The concept of contempt of court is a cathartic jurisprudence, which has its origin in the Canon Law and, in particular, the Canon Law of the Dark Ages, a jurisprudence of a time when the offence of heresy, nay, contempt of the Church, where the contemnor is burnt alive at a stake.

The in terrorem (a legal threat, usually one given in hope of compelling someone to act without resorting to a lawsuit or criminal prosecution) jurisprudence of contempt of Court militates against all canons of justice and fair play; it flourished in the Middle Ages when Inquisition was the mode of justice administration, where contemnor was tortured to extract guilt. The foundation of The Contempt of Courts Act, 1971 on the jurisprudence of the Dark Ages is classically exemplified in Sub-Section (5) of Section 17 of the Act.

Our constitutional and criminal laws are founded on the principle that the guilt against a person accused of an offence ought not to be wrung out of him, but has to be proved against him by other men and means.

Sub-Section (5) of Section 17, supra, places the burden to prove his innocence upon the contemnor; it requires him to file an affidavit in support of his defence and empowers the Court to determine the matter on the affidavit of the contemnor. Section 17(5) of the Contempt of Courts Act, 1971, therefore, is in violation of Article 20(3) of the Constitution, which states that no person accused of any offence shall be compelled to be a witness against himself; so too Arts. 21, 14 and 19 thereof, which are required to be read together.

The power of contempt, as is presently exercised by the judges of the higher judiciary is, with much respect, more susceptible to be abused than used.

I have witnessed such misuse often against the voiceless, the outspoken and persons who are upright. The power of contempt has often been misused against the voices of truth, even though truth is an undeniable defence against contempt proceedings.

Resorting to the power of contempt without application of judicial mind has ramifications. It creates fear, a terror, and worst, hatred, in the minds of citizen. As pointed out, the fear has led to not venturing to write anything about the functioning of the judiciary, except eulogising and flattery.

Undoubtedly, in the suo motu contempt of court proceeding against Justice Karnan, the prosecutor and the judge, both at once, are the judges themselves. The contempt of court law is undemocratic and, assuming it to be otherwise, the question is, could any action lie against Justice Karnan?

It certainly will not, as:

Even assuming that Justice Karnan has made allegations of corruption and malpractices against his judges, he has not committed any contempt of court.

The concept of equality before law and equal protection of law is at the core of the Constitution.

For the judges against whom Justice CS Karnan has made the allegations of corruption, the law provides for remedy, both civil and criminal.

It is enough to refer to the suit filed by Justice PB Sawant, former judge of the Supreme Court, against Times Now claiming Rs 100 crore as damages to support my contention that law provides for adequate remedy if Justice Karnan has made false or scurrilous allegations against his brethren.

Is it then right for me to expect the vilified judges to institute civil and criminal cases like ordinary citizens? Yes, because in the eyes of the law, all are equal; the immunity which judges enjoy is for what they do from the seats of justice.

I am made to understand that some of the allegations made by Justice Karnan are against the chief justice of the Madras High Court on the administrative side about the construction of court complexes, appointment of judges. It must be said that a situation where judges are accused of corruption and they are forced to institute civil and criminal cases is against their prestige and honour and is no way an ideal situation.

Corruption is undoubtedly spreading its tentacles in the corpus of the justice delivery system, which does not merely mean judges alone.

There ought to be a remedy. The remedy is not in silencing the whisleblowers with the guillotine of contempt of court. There’s a need to bring into existence a credible mechanism by which allegations of corruption, nepotism and malpractices against judges are investigated and those who are guilty are brought to book without impinging their independence and the sanctity of the justice delivery system.

The judicial function has been considered to be sacrosanct; courts are temples of justice; its majesty and credibility and the confidence of the public has to be zealously guarded, but not by silencing whisleblowers and upright men and women who dare to point out instances of corruption, nepotism and malpractices, risking their professional prospects, nay, even their freedom and liberty.

Atrocities against Dalits by Judges

- An Appeal to Honourable Supreme Court of India, National Human Rights Commission & National Commission for Scheduled Castes / Scheduled Tribes

The track record of apex court is not clean. There is secrecy involved in selection , promotion , transfer of judges to high court & supreme court. Supreme court judges take huge pay , perks from public exchequer ( now on the verge of getting triple fold increase in pay ) but are not accountable to public. They don’t give information to public , concerning judges and national security , public welfare.

Consider the case of Dalit judge of sukma , chattisgarh , he was removed for being honest , for upholding law ? Now, Justice Karnan a whistle blower is being victimized. Apex court is not looking seriously at issues raised by justice karnan but concentrating on silencing him.

When other high ranking judges ( having influence & belonging to upper castes ) were accused of more grave crimes like involvement in sex racket , sex crimes against women , national security crimes , etc , they were treated with kid gloves , cases hush hushed , white washed. Inspite of fervent appeals even apex court didn’t bother to conduct a public , transparent enquiry. Now apex court has initiated suo motto “contempt proceedings “ against Justice Karnan as he is a DALIT , without influence of powers that be.

So many dalits , weaker section people were cheated of their job oppurtunities in mysuru university , KSOU , Various Government Medical colleges , Government aided ITIs , Polytechnics in Karnataka state by scheming upper caste officials. Inspite of repeated appeals , why apex court has not taken legal prosecution to logical end and ensured justice to aggrieved dalits ? What action supreme court has taken against KPSC , VYAPAM members who denied job oppurtunities to merited candidates , dalit & weaker section candidates ? ? let alone take suo motto action . No action to logical end. Day in day out there are rampant atrocities against dalits , weaker sections of people. Supreme court judges are enjoying lakhs of rupees pay , perks , 5 star bungalows , foreign trips , weeks long summer / winter paid vacations , proposed triple fold salary hike all at tax payer’s expense. These judges must be first booked for “Atrocities against Dalits , Weaker sections” under SC / ST Atrocities Prevention Act.

If at all , Supreme Court of India is impartial , without bias , let it come out clean :

1. To immediately stay contempt proceedings against Justice Karnan and Order impartial enquiry against judges accused of corruption , impropriety by Justice Karnan and all other issues raised by him. Take the help of Justice Karnan in collecting evidences.

2. Order impartial enquiry against almost half of former chief justices of india accused of corruption by NGOs.

3. Immediately give justice to past Sukma Dalit Judge Mr. Gwal who was unjustly removed , to kadapa judge Mr Rama Krishna and to Justice Karnan.

4. Immediately give truthful , full information , answers to RTI questions sent to Supreme Court of India by our publication years ago. Inspite of several appeals , majority of questions are unanswered & for few questions got ambiguous answers.

5. Immediately take action to protect fundamental rights , human rights of whistle blowers , RTI Activists & Human Rights Activists.

6. Immediately take action against KPSC , VYAPAM members responsible for illegal recruitments , cancel all those illegal recruitments and conduct recruitments afresh with old candidates.

7. Immediately take action against KSOU , Mysuru University , Government Medical Colleges , Government Aided Polytechnics , ITI officials responsible for illegal recruitments , cancel all those illegal recruitments and conduct recruitments afresh with old candidates.

8. Immediately admit PILs presented before supreme court of india by our publication .

“Contempt Proceedings” should not be used as a weapon to silence voices seeking justice , accountability of judiciary. Respect of judiciary doesn’t come out of fear rather spontaneously it comes out of a person’s heart when he sees a honest judge doing his duties honestly.

#karnan #supremecourt #chiefjustice

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