The Principal Sessions Court has dismissed the bail plea of former High Court Judge C.S. Karnan, who was arrested by the Central Crime Branch in connection with the circulation of YouTube videos alleged to be defamatory in content about sitting and former judges of the High Court and Supreme Court.
Mr. Karnan and M. Dhanasekaran, a co-accused in the case, were arrested by the Cyber Crime Police, Central Crime Branch on December 2 at the former’s residence in Avadi. Both had moved bail petitions before the Principal Sessions Court in the city.
Counsel for Mr. Karnan submitted that he is a retired High Court judge. Due to some contempt proceedings against him and his subsequent incarceration, the petitioner has lost his mental balance and has taken treatment for a mental illness. Under such circumstances, he was said to have released some videos through YouTube referring to judges of the Supreme Court and Madras High Court, their spouses, children and some of the women court staff about their modesty. This was not intentional, his counsel said.
The counsel further added that Mr. Karnan appeared before the investigating officer for an enquiry. Surprisingly, he was arrested and remanded to judicial custody. Now, he has tested positive for COVID-19 and has been taking treatment at a Government Hospital, Chennai. Hence he sought the release of Mr. Karnan on bail.
However, City Public Prosecutor (CPP) Gowri Ashokan submitted that though the petitioner (Mr. Karnan) happened to be a retired High Court judge, he failed to maintain the dignity and decorum of the judiciary. He had released YouTube recordings with unparliamentary words referring to judges of the Supreme Court and Madras High Court -- both sitting and retired -- and their spouses and also referred to some of the women staff of the Madras High Court.
“Such abusive words he had used knowingly, there is a proceeding pending before the High Court in connection with that. There is an order restraining him from releasing such videos. In spite of that order, ,he deliberately released another YouTube video with similar allegations the same day the order was passed. Further the investigation is under the direct supervision of the High Court. The alleged mental illness is not true,” the CPP argued, while objecting to the granting of bail.
Dismissing the bail petitions, Principal Sessions Judge R. Selvakumar, observed, “In total he had spoiled the entire reputation of the judiciary to the core. Being a judge, he should know the consequences. In spite of that, he was adamant in releasing such videos on the strong belief that he could not be touched by the police.”
“If the petitioner is released on bail, there is every likelihood of interference with the investigation and causing disturbance to the investigating officer. When the case is under the direct supervision of the High Court and the allegation made by the petitioner is touching upon the Judges of the Supreme Court and Madras High Court and their family members, this court is not inclined to grant bail to the first petitioner,” said the Principal Sessions Judge in his order.
