Unprecedented Judicial Drama

Height of drama is seen in judiciary, never seen in the past that a judge called as Justice Karnan of Kolkata High court orders punishment to Chief Justice of India and 7 other judges of Apex court and on the other hand CJI orders medical check up of Justice Karnan who openly defies order of CJI and challenges CJI and other judges .

 Judicial process has also become laughing stock in line with political drama going on in the country since long. We heard Parliamentarians making mockery of Parliament and we are now witnessing judges making mockery of judiciary.

It is never heard in the past that order of CJI is not respected by judge of a High Cort. Now the question arises who is committing contempt of court.

Actual news pertaining to it  is submitted below.

Calcutta high court judge C S Karnan Monday evening ordered five-year rigorous imprisonment and a fine of rupees one lakh each for Chief Justice of India J S Khehar and seven other judges of the Supreme Court as “punishment for offences punishable under the Scheduled Caste/Scheduled Tribe Atrocities Act 1989 and Amended Act of 2015.”

What is right and what is wrong, who is correct and who is incorrect, who is mentally imbalanced and who is mentally sound, Justice Karnan or judges of Apex Court,  only God knows the answer.

Constitutional experts will ponder over it how to handle such unprecedented situation when a judge of a prestigious High Court alleged to be mad issues orders giving punishment to Chief Justice of India and other judges of Highest Court of the country.

But it is certain that makers of Constitution could not visualize such pathetic position which has arisen post Karnan order.

There is no doubt now that  judiciary needs some radical changes immediately, not only in laws but on code of conduct for judges too.

Prime Minister of the country has to think why more than three crores cases are pending for years in various courts and why lakhs of prisoners are languishing in jail in want of charge sheet and hearing thereupon for years and decades wheras a case pertaining to Chief Justice of India is decided in weeks without undergoing normal process of hearing and evidences .

Government will have to come out with appropriate ordinance immediately to resolve stalemate and awkward position arising due to ridiculous order given by a sitting judge against other judges.

 Incident narrated above is unique in its nature but not as simple as it is projected in judiciary balconies. It requires a special session of Parliament and quick intervention by President of India to salvage judicial image, judicial discipline, decency and decorum.

One cannot ignore this critical Constitutional crisis simply by saying that Justice Karnan is mentally out of control. Fact is that  judges punished by a valid bench of High Court are holding the chair of Justice. As per provisions laid down in Constitution, neither a mentally insane nor a declared criminal can be eligible for the post of judge. A person of doubtful integrity cannot be allowed to decide the fate of others.

Had it been a case of common men, the police authority could have arrested by now all persons whom Mr Justice has fined and ordered to keep in jail. Police authorities are legally bound to execute court order without delay.

It is completely fault of CJI that he handled the matter related to so called insane Justice Mr Karnan in a very casual and slow manner.. Activities carried out by Justice Karnan was undoubtedly questionable. But why CJI was so much slow and casual in taking action against Karnan is a million dollar question which he should answer to world community. Otherwise people all over the country and the world will laugh at our judicial system and procedures.

It is painful that entire government is busy in watching and commenting on political circus going on in Delhi due to corruption charges lebelled against Kejriwal by his own former minister colleague. It is however the duty of top leaders,judges, Constitutional experts and other concerned  officials to attach maximum importance to crisis created by Mr Justice Karnan and suggest solution to the issue erupted post Karnan order.