The use of contempt power by superior judges over a high court judge has left many in shock and awe as a precedent for the future

~By Pallav Shishodia

Justice Karnan has earned a rare distinction of being deposed and sentenced to jail just a month before retirement. A lot has already been written about the demeanour of this judge on and off the bench. It appears the man is severely affected, whatever that means. However, it is not clear whether the Supreme Court has treated Justice Karnan as sane or mentally unstable.

Several questions have been raised about opaque appointment processes for judges generally and about this judge in particular. Does the collegium system promote favourites, irrespective of merit? Who all were party to the appointment of this questionable kind? What kind of scrutiny was really made by those responsible? There is concern about corrective mechanism for erring judges short of impeachment. How to deal with such a high constitutional functionary without undermining the independence threatened from within?

There is also a serious fundamental issue about use of disciplinary power by the Supreme Court over high court judges. The use of contempt power by superior judges over a high court judge has left many in shock and awe as a precedent for the future.

On top of this, the Supreme Court has not yet given reasons for the order passed vis-a-vis the gag on the media on reporting whatever may be the reaction of indicted judge. As of now, Karnan is in hiding and urgent hearing of petition to recall (the order) is declined.

Between the affected victimhood of an elevated tin-pot and muscular assertion of passing monarchs, there has been no show of restraint from either side. Thus competed human frailties, to put up the most damaging spectacle for public and posterity.

There has been a simile between Karnan with Karna of Mahabharat. Of Kunti the judiciary, this illegitimate child was pitted against legitimate Pandavas. The kavach of constitutional protection was snatched and Karnan banished even before the reasons are articulated for conviction. The righteous elucidation by Dharamparayan Pandavas otherwise ready for small and big battles on Sundays or vacations is awaited. Karna lost and so lost Kunti. The divine big brothers are also bruised.  The comparison ends here.

The illegitimate child of Kunti was a gifted warrior with metaphoric fatherhood of the Sun god. The wheels of the chariot were stuck as part of divine design. Less said the better for Karna of our times.

—The writer is Senior Advocate, Supreme Court of India​