The way the Justice Karnan case has turned out reminds one regrettably of the oft-quoted Shakespearean dictum, “Something is rotten in the state of Denmark”. Even if one sets aside Justice Karnan’s ‘aberrant behaviour’ and his ‘flinging irresponsible charges of corruption against several High Court judges’, one cannot gloss over the perception created that the judiciary’s Augean stables need cleaning. Some of the cases of corruption involving those who are high profile make one believe what the judge has been trying to put across. Many in the judiciary do not speak out for fear of contempt of court (Editorial – “The recalcitrant judge”, May 10).
C. Lovidason,
Thiruvananthapuram
Justice Karnan was given a long rope by the Supreme Court to course correct himself. But his belligerence against and disdain for the top court was persistent. Though provoked many a time, the court remained patient. To sentence him before his retirement is not a blemish on judiciary. Had the Supreme Court bench not passed such an order, it would have sowed the seeds of doubt in our minds on whether the allegations of corruption raised by Justice Karnan were true. The judiciary has once again proved that all are equal at its doors. In a democracy, the judiciary, the executive and the legislature are coexistent. When one wing is in difficulty, the other two should step in. Justice Karnan should have also come forward to show what welfare measures were taken by him for the uplift of Dalits.
R. Krishnamachary,
Chennai
The observation in the Editorial, that “it would have been pragmatic to let things be until his retirement” strains logic. Here was a learned judge who had no qualms about defying service protocol and passing sentences against fellow-judges. At every stage of his unseemly spat, he failed to create an impression that he had tried to observe the nuances of public conduct. He did not even deem it fit to cooperate with the medical team that had visited him in accordance with the top court’s orders. Had the court waited for his retirement, it would have set a wrong precedent. Any errant public servant can make an appeal for deferment of punishment citing as a ground the imminence of his or her retirement. Equally unacceptable is the argument that the imprisonment of the judge will have no restraining effect. It is Justice Karnan’s thoughtless judicial pronouncements that have painted him into a corner.
S. Balu,
Madurai
The case once again reinforces the basic fact that there is a lack of a mechanism to discipline such judges outside the impeachment process in order to address delinquency in the higher judiciary. I recall a 2004 article by Rajeev Dhavan in The Hindu that laid stress on the need for a mechanism to deal with errant judges. The behaviour and attitude of Justice Karnan, even taking shelter under his caste, say a lot about his way of functioning. Gone are the days when one led by example. I cite the example of a British judge, Lord Denning, who resigned after his book, What Next in the Law , created an uproar after he argued that all British citizens were no longer qualified to serve on juries because “the English are no longer a homogeneous race”.
Suddapalli Bhaskara Rao,
Muscat, Sultanate of Oman
There seems to be no end to the drama in Justice Karnan’s case. While it’s arguable whether the Supreme Court should have looked for other options to contain the uncontrolled behaviour of the judge, sentencing him to undergo a jail term also marks the helpless state of the Supreme Court — which is made worse by our political class which has yet to take cognisance of the matter. The NDA-lead government which is much enthusiastic about ushering in changes in the collegium system, should have evoked Articles 217(b) and 218 , which focus on “proved incapacity and misbehaviour”.
Kiran Babasaheb Ransing,
New Delhi
