Case BriefsSupreme Court

Pumping for apparently misplaced political propaganda has no place in our courts; this unhealthy practice needs to be strongly deprecated. 

Madan B. Lokur, J. 

Supreme Court: A bench comprising of Madan B. Lokur, S. Abdul Nazeer and Deepak Gupta, JJ. while closing the contempt proceedings against Manoj Tiwari,  Member of Parliament from North-East Delhi, passed strictures against the MP for machismo and the brazen manner in which he took the law into his own hands and tempered with the sealing put by the Veterinary Services Department of the East Delhi Municipal Corporation on the subject premises. 

It is pertinent to note that on 14 September 2018, an illegal dairy in Shahadra, Delhi was sealed on the directions of the Director (Veterinary Services). On 16 September, the seal was broken/tempered with by the said MP. The explanation as given before the Court for his actions was that he is a popular leader and on seeing him, a mob of about 1500 people gathered around him and under the pressure exerted, he broke/tempered with the seal. The said rationale “shocked” the Court. It was observed that the consequence of such behaviour can be devastating in a given situation. 

Furthermore, immediately after the hearing of the matter on 3 October, the said MP alleged that the Monitoring Committee (which was appointed by the Supreme Court vide M.C. Mehta v. Union of India, (2006) 3 SCC 399 is running a sealing racket in connivance with corrupt officers. On perusal of the record, the Court noted that the sealing and de-sealing of the subject premises was an independent act of the Veterinary Services Department and had nothing to do with the Monitoring Committee. The Court, in strictest terms, in its judgment said the following:

        The misplaced bravado of Shri Manoj Tiwari and his chest thumping immediately after the hearing on 3rd October, 2018 and making serious but frivolous allegations against the Monitoring Committee appointed by this Court is a clear indication of how low Shri Manoj Tiwari can stoop and displays his total lack of respect for any rule of law. It seems that he is, in a sense, a rebel without a cause.”

Finally, after making such and other remarks, the Court left it to the better judgment of the Bhartiya Janata Party (to which the said MP belongs) to take any action against him, if so adviced. The Court hoped that better sense prevails and undemocratic tendencies are curbed by the political parties concerned. Reiterating once again that shoulders of the Supreme Court are broad enough to take criticism in its stride, the Court closed the contempt proceedings against Manoj Tiwari. [M.C. Mehta v. Union of India (Sealing Issue),2018 SCC OnLine SC 2524, dated 22-11-2018] 

Case BriefsSupreme Court

Supreme Court: Reacting upon the judicial orders passed by Justice C.S. Karnan against the Chief Justice of India and 7 Supreme Court jusges, the 7-Judge Bench of Jagdish Singh Khehar, CJ and six senior most Judges of the Supreme Court, Dipak Misra, J. Chelameswar, Ranjan Gogoi, Madan B. Lokur, PC Ghose and Kurian Joseph, JJ, said that the tenor of the press briefings, as also, the purported judicial orders passed by Justice C.S. Karnan, prima facie suggest, that he may not be in a fit medical condition, to defend himself, in the present proceedings and hence he should be medically examined, before proceeding further.

The Court directed the Director Health Services, Government of West Bengal, to constitute a Board of Doctors from Pavlov Government Hospital, Kolkata, to examine Justice C.S. Karnan, and  conduct the examination on 4.5.2017.  Listing the matter on 09.05.2017, the Court directed the Medical Board to submit the report on or before 8.5.2017.

The Court also refrained all Courts, Tribunals, Commissions or Authorities, from taking cognizance of any orders passed by Justice C.S. Karnan, after the initiation of the proceeding on 8.2.2017.

Directing Justice C.S. Karnan to furnish his response to the notice issued to him on 8.2.2017, on or before 8.5.2017 and if he fails to do so it shall be presumed, that he has nothing to say in the matter.

Justice Karnan, who is a sitting judge of Calcutta High Court, had recently barred the members of the Bench in the present contempt proceedings, along with R. Banumathi, J. from travelling outside India and had directed them to appear before him. [IN RE: JUSTICE C.S. KARNAN, 2017 SCC OnLine SC 514, order dated 01.05.2017]

Case BriefsSupreme Court

Supreme Court:  Due to non-appearance of Justice C.S. Karnan before the Court in the contempt proceedings initiated against him, the 7-judge bench of J.S. Khehar, CJ and Dipak Misra, J. Chelameswar, Ranjan Gogoi, Madan B. Lokur, P.C. Ghose and Kurian Joseph, JJ directed the matter to be listed on 10.03.2017.

Certain counsel had appeared before the Court without a power of attorney. The Court, hence, said that no one should appear in this matter, without due consent and authorization. Directing Justice Karnan to appear before the Court in person, the Bench said that the contempt proceedings are a matter strictly between the Court and the alleged contemnor and anyone who enters appearance and disrupts the proceedings of this case in future, will be proceeded against, in consonance with law.

On 08.02.2017, the Court had restrained Justice Karnan from handling any judicial or administrative work, as may have been assigned to him, in furtherance of the office held by him and had asked him to appear before the Court on 13.02.2017. The said order of the Court came after Justice Karnan had written letters to Prime Minister Narendra Modi, asking him to take actions against the corrupt sitting and retired judges of the Supreme Court and Madras High Court when he was a Judge of the Madras High Court and had passed an injunction against his own transfer orders. [In Re: Justice C.S. Karnan, 2017 SCC OnLine SC 122, order dated 13.02.1017]

 

Case BriefsSupreme Court

Supreme Court: The 7-Judge Bench of Jagdish Singh Khehar, CJ and six senior most Judges of the Supreme Court, Dipak Misra, J. Chelameswar, Ranjan Gogoi, Madan B. Lokur, PC Ghose and Kurian Joseph, JJ, in the suo motu contempt proceedings initiated against Justice C.S. Karnan, restrained him from handling any judicial or administrative work, as may have been assigned to him, in furtherance of the office held by him. The bench also directed him to return, all judicial and administrative files in his possession, to the Registrar General of the High Court immediately.

Justice Karnan, who is a sitting judge of Calcutta High Court, had written letters to Prime Minister Narendra Modi, asking him to take actions against the corrupt sitting and retired judges of the Supreme Court and Madras High Court when he was a Judge of the Madras High Court and had passed an injunction against his own transfer orders. Attorney General Mukul Rohatgi had asked the Supreme Court to take suo motu action against the Judge to set an example.

Justice Karnan will appear before the Court on the next date of hearing on 13.02.2017. [IN RE : Justice C.S. Karnan, 2017 SCC OnLine SC 105, dated 08.02.2017]