The Supreme Court's concern is apparently one of public faith. It is debatable whether Prashant Bhushan's conviction for contempt does more harm than good.
SC Friday held lawyer Prashant Bhushan guilty of contempt for a couple of tweets where he raised questions about the conduct of CJI Bobde, and some of his predecessors.
SC officers have been asked to explain why a joint plea by Prashant Bhushan, N. Ram and Arun Shourie against Contempt of Courts Act wasn't listed before bench hearing similar cases.
Advocate Prashant Bhushan apologised for mentioning that CJI S.A. Bobde was not wearing a helmet while astride a Harley Davidson, as he didn’t notice the bike was on a stand.
Their petition states that Section 2(c)(i) of the Contempt of Court Act has the effect of threatening dissenters and critics, and silences legitimate criticism and dissent.
The judges, who had signed a solidarity statement issued by 131 jurists & activists, called on Supreme Court to 'maintain the dignity' of the court and be open to public discussion.
Case dates back to 2009 when Bhushan had given an interview to Tehelka magazine in which where he allegedly made a serious imputation against then CJI S.H. Kapadia.
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This world is being restructured and redrawn by one man, and what’s his power? It’s not his formidable military. It’s trade. With China, it turned on him.
American citizen are more intelligent and understanding to discriminational issues..their they sympathise with oppressed people and give affirmative action in private sectors, Hollywood etc as well..here in India general classes are so stupid and backward thinking people that they cannot even tolerate to see backward people speak up..indian general caste people are amongst top worst category of human races as specially highlighted by late br.ambedkar..they won’t speak up on atrocities to fight shoulder to shoulder with dalit but wen reservation topic comes ,their heart suddenly starts burning…it shows they are not sensitive to backward people’s pain but very sensitive to any benefits given to them..that’s the double standard..atleast american white fights for blacks and speak up prominently against slavery in different media’s..
Ever since the apex court convicted Adv Prashant Bhushan in a contempt of court case, a section of the judiciary, including former judges and some lawyers, appears to be in turmoil. The most confounding thing is they are not for doing away with the Contempt of Court law but against it being used against one of their colleagues. The first argument is of course the much touted freedom of speech. But I never knew that it was applicable only for the lawyers. The other major argument is that being an insider he (of course representing ‘them’) was better placed to know the truth and critically bring it out for the health of the system. Again they forget that the citizens, in general, and litigating public, in particular, are the biggest stake holders in the system.
With that prelude let me put forth the following comments:
1. Contempt of court is anathema in a democracy. Democracy demands a Contempt of Citizen (Prevention of) Act.
2. Disobedience of court orders, which is catered for as civil contempt, should be covered under existing provisions of law dealing with disobedience of orders of a lawful authority.
3. As it stands, the court, having taken suo moto cognizance of the tweets to be prosecuted for contempt, is right in convicting Prashant Bhushan.
4. As per reports, it wanted to give time to Prashant Bhushan to consider apologizing, before deciding on the punishment. This is unwarranted. Apology can only be for errors committed unknowingly or by mistake not for deliberate comments in public domain.
5. We know that in all disputes before a judge there are two parties and each will have some facts, some laws and some precedence/ case laws to support their stands. Ultimately the judge can as well toss a coin and decide whom to favor. But even there there is an element of fairness. There are worse reasons where the judgments can be as whimsical and wayward as whimsical and wayward can be.
6. A former CJI had himself commented that 20 percent judges are corrupt. But till date we have not heard of a single judge being punished for corruption.
7. An apex court bench had observed that there is something rotten in the Allahabad High Court. Again we do not know what action has been taken to clean up.
8. A high court judge, P D Dinakaran, resigned on the eve of being impeached. But is resignation a punishment for his crime(s)? Why hasn’t he been prosecuted for his crimes?
9. Another high court judge, Karnan, had made many allegations against his colleagues. Were they investigated? By whom? What was the result? Don’t the citizen, tax payer have a right to know the facts/truth?
10. We know that high court and supreme court judges can be removed only through impeachment. And there appears to be no laws for any other form of punishment. Even the National Commission to Review the working of the Constitution had only recommended empowering the Chief Justice to withhold work from judges against whom allegations have been made.
11. But Karnan was sent to 6 months prison for contempt of court. Doesn’t it imply that contempt of court is the greatest crime of this land and that the other safeguards provided to judges wouldn’t save them from prosecution under this law?
12. Suffice to say that there is a need for a National Judicial Commission for trying and punishing errant judges as per laws applicable to every citizen. And this body/institution should be free from judiciary, except, may be, for a law qualified person to guide the proceedings. The logic is simple. The credibility of the judiciary itself rests on the concept that it is an indifferent and objective third party in the dispute brought before it for adjudication.
When someone abuses the PM or other officers, may be media, the SC judges sites the example of Right of Freedom of Speech. But if same person even disagrees and say or write his dissent, it is Contempt of Court. So there should be level playing field on this topic.
Factually inaccurate. Justice Karnan did not deliver anything in a sealed envelope. He wrote an “open letter” to the PMO, details of which can still be read online. And he named individual judges (20 of them) and accused them of being corrupt. When offered multiple chances to substantiate these allegations (the very chance that Bhushan asked for and was denied), he could not do so.
You are telling only half the truth. bhushan also added about justice bobde that part saying the rest of the supreme court was kept in lock down.
this is absolutely biased journalism. shame on you.
THIS BIASED ARTICLE WAS EXPECTED FROM MR. DILIP MANDAL. AFTER ALL HE’S TRYING TO GARNER SUPPORT FOR HIS CLANS. WHO HAVE ALWAYS ENJOYED THE COMFORT OF BELONGING TO CERTAIN CLASS EVEN IF HE’S BELONGING TO CREAMY LAYER OF THOSE ENJOYING BENEFITS OVER POOR PEOPLE FROM OTHER SECTIONS OF SOCIETY.
while some are trying to protect their hegemony and not allow the downtrodden to raise their head……….. ever
If you have a sword in your hand, you are going to wield it. Justice Karnan inspite of being dalit and from the so-called oppressed class used the sword of law as sitting judge to oppress his opponents. So someone with a bigger sword used it on Justice Karnan when they got the opportunity. This is what happens in democracies where institutions are dysfunctional. No point in the author shedding tears over Justice Karnan being dalit – PB case shows it can happen to anyone.
The problem in Karnan’s case was not his highlighting corruption but his sending notices to Supreme Court judges and also lcancelling” his transfer orders.
Had he limited his actions to corruption charhes against judges everybody wouldve supported him. But when he experienced the natural corrollary of protesting by getting transferred, he did not act wisely. When the supreme court transfers a high court judge and that high court judge cancels that order then its didficult to support it. When the supreme court then initiated contempt against him for cancelling its orders he isssued notices against the supreme court judges. This made it impossible to support him. He couldve done things differently, more effectively.
Honorable Nathuram Godse’s reasons for killing MK Gandhi were also not released.
We must have the right to access & understand his reasons.
What happened with Justice Karnan was maybe not right, but him bringing his caste card out as soon as he was held guilty raises questions on his judgements and partiality.
This once again exposes the caste issue in Lutyens circle. All big guys in Lutyens are from upper caste and well to do families and they are standing up for Prashant Bhushan, but they couldn’t for Justice Karnan.
Honourable Nathuram!!! Lumpenization of Hindu right wingers is almost complete.
Why are you disturbing the soul of “honourable Nathuram Godse” who might be busy in the hell with the soul of “honourale Azmal Kasab, “honourable Savarkar “, “honourable Mahisasur” etc?
Ab bus bhi karo, playing that victim card.
Enough is enough.
You need to be in that position where you can feel the victimhood. Without going through the caste discrimination you can not understand the dynamics of caste system. It is better to think and write after going through such circumstances.
Where are the people who protested against Nepotisim in Bollywood?? Just like SSR, many dalits have died protesting for their Rights in all fields on life
Why don’t you initiate instead of mocking at others?
Indian judiciary is officially and judicially protected ,inordintely procrastinating , quasi-corrupt,incorrigible,self-serving,semi-fiefdom!
Karnan was also same category but told truth to hide/escape his faults !
Non-accountability/non-correction of f faults in banking,service or manufacturing etc domains cannot be imagined, but in judiciary, it is unofficial norm!
So none is saint or discriminated , in our lords/judiciary !
i partially sympathesise with both karnan and bhushan, but who will bell the cat or elephant in the room, the “not so efficient or accountable” judiciary?
The author , being an old media bandicoot understands memory retention levels of readers . And thus egregiously uses short recall of readership, to twist facts in the name of ‘dalit’ which is the core of his unhappy write up. This lazy author did not bother to even go through the last two or three of Karnan’s judgement to know how dangerously close he was to be medically certified as a lunatic. Dalits are still treated badly , but for the author, who claims to be a former editor of India Today to link it with Karnan is audacious. Improbable , but not impossible, for such opportunists to link the next story on the basis of Karnan’s skin color. Karnan was no ‘Karnan of the epic’ . He was an unsound mind. Karnan himself , closer to his incarceration agreed to medical treatment and claimed he was of unsound mind.
By all accounts of people who saw Karnan in Madras HC , knew, Karnan had become mentally unstable and incapable to sit on justice. The very respected Justice S K Kaul , CJ of Madras HC , then, had withdrawn work from Karnan because of Karnan’s erratic behaviour in court and with brother judges , some of who were Dalits . The author avoids getting into details of Karnan’s work behaviour and his habit of using filthiest abuses in open court room against Constitutionally appointed fellow judges as well as others . Any sensible person at the receiving end of such filth would be forgiven , if seeks the path of violence to silence Karnan.
That brings us to another fiery topic . Did the promoters of India Today, deliberately hire poor quality journalists like Mandal to maintain low standards in Hindi journalism, even within the IT group.
So, why do not you name those three cases on basis you termed Justice Karnan lunatic? Did it have any similarity to the case in which Justice Gogoi presided he was accused in? Or the case in which Justice Mishra had conflict of interest and, therefore, was supposed to be recused of?
It is known fact that MHC is controlled by Mayalapore Brahmin lawyers mafia ever since 1930. They are wise like this guy to insult others. I am not in the legal profession and not dalit to support Justice karnan or to undermine others. MHC have been doing much damages to state politics and destroying democracy for protecting Brahmanism. MHC promoted tyranny rule of Jaya during her rule. Read SK Kaul’s verdict as CJ in MHC,. All are corrupt, abuse of power, promoting police atrocities. Karnan may be lunatic, but CJs are criminals , corrupt. As a insider, Karnan had been whistle blower against judicial corruption., abuse of power as he was targeted by Brahmin judges and lawyers. BJP functionaries insulted high court as he would not care high court as his public hair . MHC don’t have courage to order to arrest or to initiate action. Even court ordered to test his mental conditions as he behaved like lunatic. Nothing is done. Even today, that guy H.Raja tweeted against MHC’s verdict. MHC handles brahmins with soft gloves in many cases. Why? Professional discrimination exists at MHC.. It was pointed by a dalit judge by pointing out , how brahmin judges boycotted his retirement farewell event. Judiciary became Brahmins’ den of casino. If Karnan was lunatic, then Arun Mishra also fit to the list.
well said!!! This is a judge who stormed into the middle of a court hearing in judicial appointments and demanded the case be handed to him.
In a controversial judgment, Justice Karnan ruled that if a man deserts a woman after pre-marital sex with a promise to marry her, the woman could claim the social status of that man’s wife provided the man is single and above 21 years of age and the woman is an adult and not married. Justice Karnan ruled that the promise of marriage for pre-marital sex would be considered as marriage.
In 2015, Justice Karnan accused another judge of sexually harassing an intern in his chamber. Justice Karnan never provided any material to substantiate his allegation.
This how the media and specifically this author has chosen to twist the narrative to suit his objective. Shameful. But then today nothing more can be expected from the media.
The time puts a break for these overboard foul mouth guys, including so-called civil libertarians has to show their place. The SC already had enough of it. So the present CJI is taking to the conclusion to stop the Bull By its Horn. Let them face it & mend themselves. Tx.
“Respect for the judiciary” is a myth, as is “justice”. There is “fear of the courts” and intent to “dispose pending cases” for fear of red in their ACRs by the district level judges and for elevations by those in the higher courts. I am not saying this, the judges/justices do. Anyone who knows some can vouch for this. For all those who smirk at the criticism of the rule of law in China, it would be a bitter pill to swallow but, we are no better. We do not have rule of law, we have rulers’ law. Why else would dissidence would be sought to be quahed by not just the government but also the so called protectors of rights i.e. the judiciary. Which self-respecting rule of law democracy can boast of a Chief Justice that verbal mocked and berated the complainant for making charges of sexual harassment against him, who himself mowed down every rule of propriety in sweeping the allegations under a rug? Right or wrong, the history today shows that when moment arrived our Supreme Court itself deviated from rule of law when it’s Chief Justice was targeted. What moral authority can such an institution bring to bear against others? The collegium system hides the ugliness in our judiciary. The day it is dismantled the worms in the large can that is our judicial will literally and figuratively spill out. No wonder the Supreme Court does not want it done away with. So why would they want an open and fair system to address complaints of corruption against judges. The same judges that take up cudgels against anyone who dare suggest that family or relative of justice ought not to practise in the same court. The joke is on anyone who thinks it possible. This is India, the land of gatekeepers and rent-seekers. Good luck!
Dalip Mandal, for once you have written something sensible. Justice Karnan did not matter because he was was not part of the upper caste coterie which controls the courts.
By the way, keep writing. We like your viewpoint even when we disagree with you strongly.
Our liberates, have on set of rules for others and one set of rules for themselves….They consider themselves more equal than others…. no wonder they are a discredited lot, all across our country and even the world…. Thanx to the writer here, else we would never have come across, one more instance of their duplicity….
Like savarna sees muslims for every problem in india?
Need of the hour is to maintain a public registry where all the cases before the court is listed.
In addition what the case is about who are the plaintiffs who the defendants what is the judgement , how long the case is pending and a summary of judgement.
This will induce transparency and put a public check on the free will of judicial activism and judiciary running amok.
Secondly this list will enable corruption free judiciary, too many pils being filed, which case is getting easy notice of judiciary , is there a vested party or how sooner the judgement is delivered.
Thirdly Public Institutions including courts should be under rti or some mechanism on appointment and qualification of judges. The argument that it will compromise independence just doesn’t fly.
Finally in case of justice Karnan message did not got delivered as messenger was shot.
Judiciary is not incorruptible as courts would have us believed. It was a valid point regarding sons and daughters of judges get appointed, preferential treatment on cases, undue accumulation of property and things like that. That was unfortunate.
Every judgement is bound to go against one of the parties to the dispute. Who makes the judgement is well settled in the constitution, so how can the constitution come under threat the moment the judgement goes against someone. The 70 years of appeasement policies in governance have given some sections a sense of entitlement which is shaken today. Until this generation remains active no decision will be considered as closer.
Why make difference between justice Karnan and Prashantji ?? Both the cases are of same nature…that is “CONTEMPT” !! What is CONTEMPT about???.To express one’s views freely and unbiased is a “CONTEMPT” ?? Prashant Bhushan and justice Karnan both raised some basic point and boldly expressed their views, what’s the wrong in it ?? One thing is common …the DADAGIRI” of some judges at the top and sponsoring by the ruling party to harass the person who ever is open in his views against the system !! A fascist system reigning in !! That’s the point. Each and every day the ruling cliques in our country doing “CONTEMPT” in every aspects of our life.When a Prime Minister says”GHAR MEIN GHUS GHUS KAR MARENGE”…does it not amounts to a grave “CONTEMPT” ???Hillarious !!!
That ghar mein ghus ke marenge comment was not against the SC or fellow citizens.
It was for our stubborn and foolish neighbour.
Ghus ghus ke marenge comment by Mr. Modi was not against the SC or fellow citizens.
But against porkistan.
YES, you are right,Bhusan should be thrown into jail for a period of no less then 6 months.He was slapped once in his office which did not teach him anything.
By criticising and passing a contempt order against Prashant Bhushan for his tweets, The Supreme Court endorsed and repeated the exact behaviour and partiality which Prashant Bhushan tweeted against. What an irony. Case closed.
But the travesty of justice will not be dismissed.
After the English Era in India, Caste and Casteism has become more important for Indian ELite Group. This group can’t protect it’s legacy going to downtrodden without Bias & Prejudice.
The Elite i.e. so called savarna has become afraid of Bahujan Renaissance. They want to abrogate this Renaissance. But they can’t do this through a proper channel. Hence atrocities in Every field including Government instituitions has been started. And RSS / BJP are great supporters of these atrocities.
What outrage? Except for some loud mouths with soap boxes, who cares? Infact ,take a vote , most Indians will happily send these people to jail as they are nuisance and distraction
We have known casteist politics and academia. Now, we are seeing casteist journalism. Oh! stop wallowing in self-pity.It is height of perversity to lionise Justice Karnan who granted stay order in his own favour, forgetting the maxim that none can be a judge in his own case. Like Prashant Bhushan, he also made wild allegations against the supreme court and the judges. Don’t expect Prashant Bhushan to get away just because he is upper caste.
In India no law is explained in proper perspective by judges.The fraternity bond among judges is so strong that they never want to loose power of misinterpretation.
Karnan was dalit and Tamil ,so not fit for Delhi Gujrat fraternity.He wrote letter to PM Modi thinking that he will help to end corrupt practices but he was prosecuted.
He threw hand and foot to parliament and president but all thought him useless.He forgot Gujrat and Delhi culture of India.In Gujrat what happened to Mr Bhatt,Banzara and Hardik Patel by court.So Court knew all tactics and want aristocracy.Judges can go to
PM,parliament or president to favour but never allow a person to speak or write against them..People think SC a hope and non fraternity judge may think them corrupt but no lawyer and public will come.Prashant Bhushan is a good lawyer but he is of big family and caste.So he has social base and he will get support.Karnan was promoted by a dalit chief justice it was unprecedented.He thought modi a good person.But Modi had aisen by big rich and BJP which is symbol of upper layer.Ambedkar Gandhi differed on it and Ambedkar met British to say that if Gandhi got absolute power his men never give his men equal right.
American citizen are more intelligent and understanding to discriminational issues..their they sympathise with oppressed people and give affirmative action in private sectors, Hollywood etc as well..here in India general classes are so stupid and backward thinking people that they cannot even tolerate to see backward people speak up..indian general caste people are amongst top worst category of human races as specially highlighted by late br.ambedkar..they won’t speak up on atrocities to fight shoulder to shoulder with dalit but wen reservation topic comes ,their heart suddenly starts burning…it shows they are not sensitive to backward people’s pain but very sensitive to any benefits given to them..that’s the double standard..atleast american white fights for blacks and speak up prominently against slavery in different media’s..
Ever since the apex court convicted Adv Prashant Bhushan in a contempt of court case, a section of the judiciary, including former judges and some lawyers, appears to be in turmoil. The most confounding thing is they are not for doing away with the Contempt of Court law but against it being used against one of their colleagues. The first argument is of course the much touted freedom of speech. But I never knew that it was applicable only for the lawyers. The other major argument is that being an insider he (of course representing ‘them’) was better placed to know the truth and critically bring it out for the health of the system. Again they forget that the citizens, in general, and litigating public, in particular, are the biggest stake holders in the system.
With that prelude let me put forth the following comments:
1. Contempt of court is anathema in a democracy. Democracy demands a Contempt of Citizen (Prevention of) Act.
2. Disobedience of court orders, which is catered for as civil contempt, should be covered under existing provisions of law dealing with disobedience of orders of a lawful authority.
3. As it stands, the court, having taken suo moto cognizance of the tweets to be prosecuted for contempt, is right in convicting Prashant Bhushan.
4. As per reports, it wanted to give time to Prashant Bhushan to consider apologizing, before deciding on the punishment. This is unwarranted. Apology can only be for errors committed unknowingly or by mistake not for deliberate comments in public domain.
5. We know that in all disputes before a judge there are two parties and each will have some facts, some laws and some precedence/ case laws to support their stands. Ultimately the judge can as well toss a coin and decide whom to favor. But even there there is an element of fairness. There are worse reasons where the judgments can be as whimsical and wayward as whimsical and wayward can be.
6. A former CJI had himself commented that 20 percent judges are corrupt. But till date we have not heard of a single judge being punished for corruption.
7. An apex court bench had observed that there is something rotten in the Allahabad High Court. Again we do not know what action has been taken to clean up.
8. A high court judge, P D Dinakaran, resigned on the eve of being impeached. But is resignation a punishment for his crime(s)? Why hasn’t he been prosecuted for his crimes?
9. Another high court judge, Karnan, had made many allegations against his colleagues. Were they investigated? By whom? What was the result? Don’t the citizen, tax payer have a right to know the facts/truth?
10. We know that high court and supreme court judges can be removed only through impeachment. And there appears to be no laws for any other form of punishment. Even the National Commission to Review the working of the Constitution had only recommended empowering the Chief Justice to withhold work from judges against whom allegations have been made.
11. But Karnan was sent to 6 months prison for contempt of court. Doesn’t it imply that contempt of court is the greatest crime of this land and that the other safeguards provided to judges wouldn’t save them from prosecution under this law?
12. Suffice to say that there is a need for a National Judicial Commission for trying and punishing errant judges as per laws applicable to every citizen. And this body/institution should be free from judiciary, except, may be, for a law qualified person to guide the proceedings. The logic is simple. The credibility of the judiciary itself rests on the concept that it is an indifferent and objective third party in the dispute brought before it for adjudication.
When someone abuses the PM or other officers, may be media, the SC judges sites the example of Right of Freedom of Speech. But if same person even disagrees and say or write his dissent, it is Contempt of Court. So there should be level playing field on this topic.
Factually inaccurate. Justice Karnan did not deliver anything in a sealed envelope. He wrote an “open letter” to the PMO, details of which can still be read online. And he named individual judges (20 of them) and accused them of being corrupt. When offered multiple chances to substantiate these allegations (the very chance that Bhushan asked for and was denied), he could not do so.
You are telling only half the truth. bhushan also added about justice bobde that part saying the rest of the supreme court was kept in lock down.
this is absolutely biased journalism. shame on you.
THIS BIASED ARTICLE WAS EXPECTED FROM MR. DILIP MANDAL. AFTER ALL HE’S TRYING TO GARNER SUPPORT FOR HIS CLANS. WHO HAVE ALWAYS ENJOYED THE COMFORT OF BELONGING TO CERTAIN CLASS EVEN IF HE’S BELONGING TO CREAMY LAYER OF THOSE ENJOYING BENEFITS OVER POOR PEOPLE FROM OTHER SECTIONS OF SOCIETY.
I agree completely.
while some are trying to protect their hegemony and not allow the downtrodden to raise their head……….. ever
If you have a sword in your hand, you are going to wield it. Justice Karnan inspite of being dalit and from the so-called oppressed class used the sword of law as sitting judge to oppress his opponents. So someone with a bigger sword used it on Justice Karnan when they got the opportunity. This is what happens in democracies where institutions are dysfunctional. No point in the author shedding tears over Justice Karnan being dalit – PB case shows it can happen to anyone.
The problem in Karnan’s case was not his highlighting corruption but his sending notices to Supreme Court judges and also lcancelling” his transfer orders.
Had he limited his actions to corruption charhes against judges everybody wouldve supported him. But when he experienced the natural corrollary of protesting by getting transferred, he did not act wisely. When the supreme court transfers a high court judge and that high court judge cancels that order then its didficult to support it. When the supreme court then initiated contempt against him for cancelling its orders he isssued notices against the supreme court judges. This made it impossible to support him. He couldve done things differently, more effectively.
Honorable Nathuram Godse’s reasons for killing MK Gandhi were also not released.
We must have the right to access & understand his reasons.
What happened with Justice Karnan was maybe not right, but him bringing his caste card out as soon as he was held guilty raises questions on his judgements and partiality.
This once again exposes the caste issue in Lutyens circle. All big guys in Lutyens are from upper caste and well to do families and they are standing up for Prashant Bhushan, but they couldn’t for Justice Karnan.
Honourable Nathuram!!! Lumpenization of Hindu right wingers is almost complete.
Why are you disturbing the soul of “honourable Nathuram Godse” who might be busy in the hell with the soul of “honourale Azmal Kasab, “honourable Savarkar “, “honourable Mahisasur” etc?
Ab bus bhi karo, playing that victim card.
Enough is enough.
You need to be in that position where you can feel the victimhood. Without going through the caste discrimination you can not understand the dynamics of caste system. It is better to think and write after going through such circumstances.
Where are the people who protested against Nepotisim in Bollywood?? Just like SSR, many dalits have died protesting for their Rights in all fields on life
Why don’t you initiate instead of mocking at others?
Indian judiciary is officially and judicially protected ,inordintely procrastinating , quasi-corrupt,incorrigible,self-serving,semi-fiefdom!
Karnan was also same category but told truth to hide/escape his faults !
Non-accountability/non-correction of f faults in banking,service or manufacturing etc domains cannot be imagined, but in judiciary, it is unofficial norm!
So none is saint or discriminated , in our lords/judiciary !
i partially sympathesise with both karnan and bhushan, but who will bell the cat or elephant in the room, the “not so efficient or accountable” judiciary?
The author , being an old media bandicoot understands memory retention levels of readers . And thus egregiously uses short recall of readership, to twist facts in the name of ‘dalit’ which is the core of his unhappy write up. This lazy author did not bother to even go through the last two or three of Karnan’s judgement to know how dangerously close he was to be medically certified as a lunatic. Dalits are still treated badly , but for the author, who claims to be a former editor of India Today to link it with Karnan is audacious. Improbable , but not impossible, for such opportunists to link the next story on the basis of Karnan’s skin color. Karnan was no ‘Karnan of the epic’ . He was an unsound mind. Karnan himself , closer to his incarceration agreed to medical treatment and claimed he was of unsound mind.
By all accounts of people who saw Karnan in Madras HC , knew, Karnan had become mentally unstable and incapable to sit on justice. The very respected Justice S K Kaul , CJ of Madras HC , then, had withdrawn work from Karnan because of Karnan’s erratic behaviour in court and with brother judges , some of who were Dalits . The author avoids getting into details of Karnan’s work behaviour and his habit of using filthiest abuses in open court room against Constitutionally appointed fellow judges as well as others . Any sensible person at the receiving end of such filth would be forgiven , if seeks the path of violence to silence Karnan.
That brings us to another fiery topic . Did the promoters of India Today, deliberately hire poor quality journalists like Mandal to maintain low standards in Hindi journalism, even within the IT group.
So, why do not you name those three cases on basis you termed Justice Karnan lunatic? Did it have any similarity to the case in which Justice Gogoi presided he was accused in? Or the case in which Justice Mishra had conflict of interest and, therefore, was supposed to be recused of?
It is known fact that MHC is controlled by Mayalapore Brahmin lawyers mafia ever since 1930. They are wise like this guy to insult others. I am not in the legal profession and not dalit to support Justice karnan or to undermine others. MHC have been doing much damages to state politics and destroying democracy for protecting Brahmanism. MHC promoted tyranny rule of Jaya during her rule. Read SK Kaul’s verdict as CJ in MHC,. All are corrupt, abuse of power, promoting police atrocities. Karnan may be lunatic, but CJs are criminals , corrupt. As a insider, Karnan had been whistle blower against judicial corruption., abuse of power as he was targeted by Brahmin judges and lawyers. BJP functionaries insulted high court as he would not care high court as his public hair . MHC don’t have courage to order to arrest or to initiate action. Even court ordered to test his mental conditions as he behaved like lunatic. Nothing is done. Even today, that guy H.Raja tweeted against MHC’s verdict. MHC handles brahmins with soft gloves in many cases. Why? Professional discrimination exists at MHC.. It was pointed by a dalit judge by pointing out , how brahmin judges boycotted his retirement farewell event. Judiciary became Brahmins’ den of casino. If Karnan was lunatic, then Arun Mishra also fit to the list.
well said!!! This is a judge who stormed into the middle of a court hearing in judicial appointments and demanded the case be handed to him.
In a controversial judgment, Justice Karnan ruled that if a man deserts a woman after pre-marital sex with a promise to marry her, the woman could claim the social status of that man’s wife provided the man is single and above 21 years of age and the woman is an adult and not married. Justice Karnan ruled that the promise of marriage for pre-marital sex would be considered as marriage.
In 2015, Justice Karnan accused another judge of sexually harassing an intern in his chamber. Justice Karnan never provided any material to substantiate his allegation.
This how the media and specifically this author has chosen to twist the narrative to suit his objective. Shameful. But then today nothing more can be expected from the media.
The time puts a break for these overboard foul mouth guys, including so-called civil libertarians has to show their place. The SC already had enough of it. So the present CJI is taking to the conclusion to stop the Bull By its Horn. Let them face it & mend themselves. Tx.
“Respect for the judiciary” is a myth, as is “justice”. There is “fear of the courts” and intent to “dispose pending cases” for fear of red in their ACRs by the district level judges and for elevations by those in the higher courts. I am not saying this, the judges/justices do. Anyone who knows some can vouch for this. For all those who smirk at the criticism of the rule of law in China, it would be a bitter pill to swallow but, we are no better. We do not have rule of law, we have rulers’ law. Why else would dissidence would be sought to be quahed by not just the government but also the so called protectors of rights i.e. the judiciary. Which self-respecting rule of law democracy can boast of a Chief Justice that verbal mocked and berated the complainant for making charges of sexual harassment against him, who himself mowed down every rule of propriety in sweeping the allegations under a rug? Right or wrong, the history today shows that when moment arrived our Supreme Court itself deviated from rule of law when it’s Chief Justice was targeted. What moral authority can such an institution bring to bear against others? The collegium system hides the ugliness in our judiciary. The day it is dismantled the worms in the large can that is our judicial will literally and figuratively spill out. No wonder the Supreme Court does not want it done away with. So why would they want an open and fair system to address complaints of corruption against judges. The same judges that take up cudgels against anyone who dare suggest that family or relative of justice ought not to practise in the same court. The joke is on anyone who thinks it possible. This is India, the land of gatekeepers and rent-seekers. Good luck!
Dalip Mandal, for once you have written something sensible. Justice Karnan did not matter because he was was not part of the upper caste coterie which controls the courts.
By the way, keep writing. We like your viewpoint even when we disagree with you strongly.
Our liberates, have on set of rules for others and one set of rules for themselves….They consider themselves more equal than others…. no wonder they are a discredited lot, all across our country and even the world…. Thanx to the writer here, else we would never have come across, one more instance of their duplicity….
Mandal can see a Savarna conspiracy in aloo paratha! 🙂
Like savarna sees muslims for every problem in india?
Need of the hour is to maintain a public registry where all the cases before the court is listed.
In addition what the case is about who are the plaintiffs who the defendants what is the judgement , how long the case is pending and a summary of judgement.
This will induce transparency and put a public check on the free will of judicial activism and judiciary running amok.
Secondly this list will enable corruption free judiciary, too many pils being filed, which case is getting easy notice of judiciary , is there a vested party or how sooner the judgement is delivered.
Thirdly Public Institutions including courts should be under rti or some mechanism on appointment and qualification of judges. The argument that it will compromise independence just doesn’t fly.
Finally in case of justice Karnan message did not got delivered as messenger was shot.
Judiciary is not incorruptible as courts would have us believed. It was a valid point regarding sons and daughters of judges get appointed, preferential treatment on cases, undue accumulation of property and things like that. That was unfortunate.
Every judgement is bound to go against one of the parties to the dispute. Who makes the judgement is well settled in the constitution, so how can the constitution come under threat the moment the judgement goes against someone. The 70 years of appeasement policies in governance have given some sections a sense of entitlement which is shaken today. Until this generation remains active no decision will be considered as closer.
Excellent point!
Good article sir. ‘The Print’ has come of age.
Why make difference between justice Karnan and Prashantji ?? Both the cases are of same nature…that is “CONTEMPT” !! What is CONTEMPT about???.To express one’s views freely and unbiased is a “CONTEMPT” ?? Prashant Bhushan and justice Karnan both raised some basic point and boldly expressed their views, what’s the wrong in it ?? One thing is common …the DADAGIRI” of some judges at the top and sponsoring by the ruling party to harass the person who ever is open in his views against the system !! A fascist system reigning in !! That’s the point. Each and every day the ruling cliques in our country doing “CONTEMPT” in every aspects of our life.When a Prime Minister says”GHAR MEIN GHUS GHUS KAR MARENGE”…does it not amounts to a grave “CONTEMPT” ???Hillarious !!!
That ghar mein ghus ke marenge comment was not against the SC or fellow citizens.
It was for our stubborn and foolish neighbour.
Ghus ghus ke marenge comment by Mr. Modi was not against the SC or fellow citizens.
But against porkistan.
YES, you are right,Bhusan should be thrown into jail for a period of no less then 6 months.He was slapped once in his office which did not teach him anything.
By criticising and passing a contempt order against Prashant Bhushan for his tweets, The Supreme Court endorsed and repeated the exact behaviour and partiality which Prashant Bhushan tweeted against. What an irony. Case closed.
But the travesty of justice will not be dismissed.
After the English Era in India, Caste and Casteism has become more important for Indian ELite Group. This group can’t protect it’s legacy going to downtrodden without Bias & Prejudice.
The Elite i.e. so called savarna has become afraid of Bahujan Renaissance. They want to abrogate this Renaissance. But they can’t do this through a proper channel. Hence atrocities in Every field including Government instituitions has been started. And RSS / BJP are great supporters of these atrocities.
Bahujans are majoritarian.
It is a failed idea.
Dalits are the neo Brahmins. 🙂
What outrage? Except for some loud mouths with soap boxes, who cares? Infact ,take a vote , most Indians will happily send these people to jail as they are nuisance and distraction
We have known casteist politics and academia. Now, we are seeing casteist journalism. Oh! stop wallowing in self-pity.It is height of perversity to lionise Justice Karnan who granted stay order in his own favour, forgetting the maxim that none can be a judge in his own case. Like Prashant Bhushan, he also made wild allegations against the supreme court and the judges. Don’t expect Prashant Bhushan to get away just because he is upper caste.
Totally agree with the Article.
In India no law is explained in proper perspective by judges.The fraternity bond among judges is so strong that they never want to loose power of misinterpretation.
Karnan was dalit and Tamil ,so not fit for Delhi Gujrat fraternity.He wrote letter to PM Modi thinking that he will help to end corrupt practices but he was prosecuted.
He threw hand and foot to parliament and president but all thought him useless.He forgot Gujrat and Delhi culture of India.In Gujrat what happened to Mr Bhatt,Banzara and Hardik Patel by court.So Court knew all tactics and want aristocracy.Judges can go to
PM,parliament or president to favour but never allow a person to speak or write against them..People think SC a hope and non fraternity judge may think them corrupt but no lawyer and public will come.Prashant Bhushan is a good lawyer but he is of big family and caste.So he has social base and he will get support.Karnan was promoted by a dalit chief justice it was unprecedented.He thought modi a good person.But Modi had aisen by big rich and BJP which is symbol of upper layer.Ambedkar Gandhi differed on it and Ambedkar met British to say that if Gandhi got absolute power his men never give his men equal right.
Right.