The Telegraph
Thursday , May 4 , 2017

Have stable mind, Justice Karnan says, turning away doctors told by SC to test him

Calcutta, May 4 (PTI): Justice C.S. Karnan on Thursday declined to allow government doctors to examine his mental health, as ordered by the Supreme Court, which wants him to face contempt charges for allegedly slanderous statements he had made about fellow judges.

On Thursday morning, a team of four doctors from the government-run Calcutta Pavlov Hospital, accompanied by around 20 policemen, went to the residence of Justice Karnan and waited for nearly two hours before turning back.

Justice Karnan, who was transferred to Calcutta High Court earlier this year from Madras after he had made allegations about fellow judges, refused to undergo a check up, claiming that he is normal.

Later, he said the seven judges who issued the order for his mental health check-up should resign.

In a written statement to the doctors, he said: “I declined to avail medical treatment since I am quite normal and have a stable mind.”

“Further my strong view about the Supreme Court order (is that) it amounts to insult and harassment to a Dalit judge (myself),” he said, playing the caste card again.

Justice Karnan pointed out a guardian's consent is required for the mental health check of a person. “As my family members are not here, there is no such consent. So any medical test cannot be held”, he said.

The Supreme Court had on May 1 ordered medical examination of Justice Karnan by a board of doctors to be set up by a government hospital in Kolkata.

A seven-judge bench headed by Chief Justice J.S. Khehar had also directed West Bengal’s police chief to form a team of police officers that could assist the medical board in carrying out the medical examination. 

The medical report of Justice Karnan has to be submitted ”on or before May 8” and the apex court would take up the contempt plea, initiated by it on its own, the next day.

Later, in a statement, Justice Karnan said he was of the “firm view/ opinion that the Supreme Court issuing orders/ non-speaking orders, shortcoming and irregular orders, illegal orders and having lacuna (sic).”

”I urged the 7 judges to close the contempt proceeding and restore my judicial and administrative work in order to maintain the decorum, dignity and sanctity of the courts,” he said.

”If a genuine man commits an error knowingly or unknowingly or inadvertently, but later on the said person rectifies his mistake, he is known as a perfect gentleman, after all we are human beings and not infallible,” he said in the note.

Claiming that “the seven judges' judicial services are not suitable for the Indian nation,” Justice Karnan said, “My deep request on behalf of 127 crores of our Indian people is to keep the welfare of the nation as a general requirement.”

”After issuing suo motu contempt proceedings, now the public have lost the confidence and trust with the Judiciary, therefore, once again I request the Hon'ble 7 Judges to do the right thing by resigning their Judicial posts,” he said.  

(This report was updated at 6.30pm.)

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