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Madras High Court Rejects 2011 Petition to Bar Retd Justice CS Karnan from Media Comments on Judiciary

Madras High Court Rejects 2011 Petition to Bar Retd Justice CS Karnan from Media Comments on Judiciary

The Madras High Court recently dismissed a petition filed in 2011, which sought to prohibit retired High Court judge Justice CS Karnan from making public statements—either written or oral—against constitutional authorities, the judiciary, or advocates through public media.

 

The petition was considered legally untenable as it attempted to restrain a sitting judge of the High Court at the time. A division bench of Justice MS Ramesh and Justice AD Maria Clete highlighted that such a request was impermissible under the law. Referring to Section 3 of the Judges (Protection) Act, 1985, the Court emphasized that no proceedings could be initiated against a judge for actions, words, or decisions taken in the course of their official or judicial functions.

 

The Court observed, "Since the petitioner in this Writ Petition seeks for a Mandamus to restrain a named sitting Judge of the Madras High Court [now retired], which is impermissible in law, this Writ Petition is not maintainable and the objections made by the Registry in this regard is sustainable. Resultantly, the Registry is directed to return the case papers to the learned counsel appearing for the petitioner, after obtaining his acknowledgment. Accordingly, this Writ Petition at S.R., stage is rejected. There shall be no order as to costs. Consequently, connected miscellaneous petitions also stand rejected.”

 

The petitioner additionally sought to restrict Justice Karnan from engaging in any defamatory, scandalous, or disrespectful behavior, arguing that he should honor the dignity of the judicial office he once held.

 

Justice (Retd) Karnan is notable for being the first sitting judge in India to be sentenced to imprisonment. In 2017, a seven-judge bench of the Supreme Court, led by then Chief Justice of India JS Khehar, found him guilty of contempt of court. Justice Karnan was sentenced to six months of imprisonment for his actions, which included disparaging the judiciary and judicial processes. Although the Supreme Court had ordered his immediate arrest, he evaded custody for over a month before being apprehended. Justice Karnan retired from the judiciary during this period.

 

The contempt charges stemmed from an unusual order issued by Justice Karnan, wherein he convicted the Chief Justice of India and six other Supreme Court judges for alleged offenses under the SC/ST (Prevention of Atrocities) Act and sentenced them to five years of imprisonment. He also made serious allegations against the Chief Justice of the Madras High Court and other judges.

 

In 2020, Justice Karnan faced further legal issues when videos emerged online in which he was seen threatening members of the higher judiciary and their families. The videos contained abusive language and threats of sexual violence against women relatives of the judges. Later, the Madras High Court granted him bail after he issued an unconditional apology and due to his medical condition.

 

 

Cause Title: B Stalin v The Registrar Genera, Madras HC and Others

Case No: W.P.(MD)SR.No.53343 of 2011

Date: November-25-2024

Bench: Justice MS Ramesh, Justice AD Maria Clete

 

 

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