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Amalapuram Former MP seeks review against Justice C.S Karnan
Former Amalapuram MP G.V Harsha Kumar requested the Chief Justice of the Supreme Court to review the order issued against the Chief Justice of the Kolkata High Court Justice C.S Karnan under Contempt of Court Act, 1971.
Rajamahendravaram: Former Amalapuram MP G.V Harsha Kumar requested the Chief Justice of the Supreme Court to review the order issued against the Chief Justice of the Kolkata High Court Justice C.S Karnan under Contempt of Court Act, 1971.
In a letter, he submitted that the Supreme Court of India is a ‘Court of Record’ as per Article 129 of the Constitution of India and the High Court of Kolkata is also a ‘Court of record’ as per the article 215 of the Constitution of India.
He submitted that as per section 16 of the Contempt of Court Act 1971, if a judge, or Magistrate acting judicially does not follow the law laid down by the Superior Court, or deliberately or wilfully disobeys the order of the High Court, it amounts to contempt of court and thereby the Judge, or the Magistrate shall be liable for contempt of his own court and the provisions of this section shall apply accordingly.
But, he said that the provisions of the Section 16 of the Contempt of Court 1971 do not apply to the Judges of the Court of Record, but applies only to the sub-ordinate judiciary.
Therefore, he made it clear that contempt proceedings are not maintainable against the judges of the Supreme Court and High Court.
Therefore he requested the CJI to initiate measures to review the order passed by the seven judges of constitutional committee against C.S Karnan.
Speaking to reporters, Harsha Kumar termed the situation as very unfortunate and observed that this situation has emerged as the central government did not respond immediately. He made it clear that the permission of the central government is compulsory to lodge cases against judges of the Supreme Court and High Courts and state government’s permission is compulsory to file cases against district judges.
Therefore, he said that the judges are in the grasp of central and state governments as per the Section 197 of Criminal Procedure Code. He urged the centre to give permission to Justice Karnan to prove his allegations and unilateral decision taken against him will not send good message to the people.
He opined that the people are in doubt that the centre is controlling the Judiciary through Section 197 of Cr PC.
