Contempt notice shows Supreme Court's anti-dalit bias, says Justice S C Karnan

In what might be a first, Calcutta high court's Justice S C Karnan, facing a notice from the Supreme Court in a contempt case, has lashed out at the apex court, accusing it of harbouring a caste bias against him.

In defiance of the SC's decision and sharply escalating the confrontation with the apex court, Karnan accused the CJI J S Khehar-led seven-judge bench of uppercaste bias in initiating proceedings as he belonged to the Dalit community.

Karnan virtually alleged that the court order amounts to an offence under the law to punish atrocities against Dalits and tribals and challenged the court to refer his case to Parliament.

He said: "The suo motu order against me, a Dalit judge, is unethical and goes against the SC and ST (Prevention of) Atrocities Act. It is certainly a national issue and a wise decision would be to refer the issue to the House of Parliament."

The judge argued that since the order against him was "harsh", the contempt case should be heard after CJI Khehar retired or placed before Parliament if this was not possible.

In his anxiety to respond to the SC's February 8 judicial order, Karnan addressed a four-page letter to the SC's registrar general, a post that no longer exists as it was redesignated years ago as secretary general.

Karnan, who has been at the centre of several controversies, was issued a notice and asked to present himself in the Supreme Court on February 13 to explain "scurrilous" allegations against sitting and former judges.

In response to the apex apex court's contempt proceedings, Justice Karnan said: "The suo motu petition is not maintainable against a sitting judge of the HC... I have sent representations to various government authorities regarding high irregularities and illegalities occurring at the judicial courts.

I am also a responsible judge to control such high irregularities, especially corruption and malpractice. I have furnished comprehensive proof of unethical practices happening with the respective courts.

'Upper caste judges taking law into hands'

He had earlier written to the National Commission for Scheduled Castes, levelling charges of anti-Dalit bias against the chief justice of the Madras high court in 2014 when he was a member of the bench there.

Referring to the February 8 order that also stripped him of judicial and administrative work, Karnan said: "The characteristic of this order clearly shows that the upper caste judges are taking law into their hands and misusing their judicial power by operating the same against a SC/ST judge (Dalit) with mala fide intention to get rid of him."

Referring to the "harsh order" passed earlier by a bench headed by Khehar, Karnan said: "Therefore, my deep request is to hear the suo motu contempt after retirement of the Chief Justice of India. In the meanwhile, my administrative work and judicial assignment could be restored.

My main contention is only to uproot the corruption prevailing at the Madras high court, and not to spoil the sanctity and decorum of the court."

"I (had) issued a list of the corrupted judges wherein an inquiry is mandatory, as such the suo motu petition is not maintainable. The order of the apex court in the suo motu contempt petition is erroneous and has been wilfully and wantonly and with mala fide intention was passed (sic).

Therefore, these proceedings may be referred to Parliament, wherein I will establish the high rate of corruption prevailing with the judiciary at the Madras high court."

Indicating that he might not present himself before the seven-judge bench of the SC on February 13, he said: "The Supreme Court had not granted stipulated time (for him to respond to the contempt notice), which is highly irregular."