The Madras High Court Judge Who ‘Stayed’ a Supreme Court Order

Bizzare orders and gags, overruling the Supreme Court, meet Madras High Court Judge CS Karnan who has done it all.

The Madras High Court Judge, CS Karnan, has stayed his transfer orders by the Chief Justice of India. (Photo Courtesy: The News Minute)

The Supreme Court of India on Monday ordered the Madras High Court Chief Justice to stop assigning any judicial work to Justice CS Karnan of the same court. It is unusual for the Supreme Court of India to give such a ruling against one such judge, but what followed is even more unusual.

The sitting judge of the Madras High Court, Justice CS Karnan “stayed” his transfer orders by the Chief Justice of India, declaring that he ‘suspends the order that reassigns him’. He asked the Chief Justice of India “not to interfere” with his jurisdiction.

Justice CS Karnan has been transferred to the Calcutta High Court on charges of inefficiency and misconduct. The Supreme court order on Monday was a result of several suo motu decisions by Justice CS Karnan.

Under law, a lower court cannot sit in judgment over an order of higher court, more so the Supreme Court. (Photo: Reuters)

Who Is Justice CS Karnan

Justice CS Karnan has a long string of controversies behind him. His actions have surprised many, mostly on the grounds of harming the institutional esteem of the Indian judiciary.

Justice CS Karnan triggered a row by threatening to file contempt of court proceedings against HC Chief Justice Sanjay K Kaul, for “harassing” him. He alleged that Dalit judges were targeted and their reputation tarnished whenever they asserted their self-respect.

In November last year, Justice CS Karnan had written three separate letters to the Chief Justice of Madras High Court, the President of India and Law Minister Sadanand Gowda, with allegations of discrimination against him and of caste bias in the collegium system.

Justice CS Karnan has been transferred from the Madras High Court on charges of inefficiency and misconduct. (Photo Courtesy: Madras High Court Website)

Bizzare Orders and Gags

In June 2013 he passed an order stating that if a couple of legal age indulges in sexual gratification, it will be considered a valid marriage and they could be termed husband and wife. After facing backlash from the public and the legal fraternity, he issued a gag order to restrain others from making adverse comments.

According to media reports, “he once addressed a press conference at his chamber, narrating the ‘humiliation’ and ‘embarrassment’ he faced in the High Court. He alleged that a fellow judge sitting cross-legged next to him at a meeting had touched him with his shoes deliberately and then said sorry, the two other judges watched this smilingly he said.”

The first complaints by Justice CS Karnan surfaced in 2011 when he claimed that he was abused by fellow judges because he was a Dalit. He then lodged a complaint with the National Commission for SC/ST, the first judge to do so.

None of the enquires into his allegations have met any results.