(2017) 2 SCC 757 (1)
Order dated 8-2-2017
(Before Jagdish Singh Khehar, C.J. and Dipak Misra, Jasti Chelameswar, Ranjan Gogoi, Madan B. Lokur, Pinaki Chandra Ghose and Kurian Joseph, JJ.)
Suo Motu Contempt Petition (C) No. 1 of 2017
1. Issue notice to Shri Justice C.S. Karnan, returnable on 13-2-2017.
2. The Registry is directed to ensure that a copy of this order and the letters taken note of while issuing notice, are furnished to Shri Justice C.S. Karnan, during the course of the day, through the Registrar General of the Calcutta High Court.
3. Shri Justice C.S. Karnan shall forthwith refrain from handling any judicial or administrative work, as may have been assigned to him, in furtherance of the office held by him. He is also directed to return all judicial and administrative files in his possession to the Registrar General of the High Court immediately.
4. Shri Justice C.S. Karnan shall remain present in Court in person on the next date of hearing to show cause.
5. The learned Attorney General has assisted us during the course of hearing today. We request him to assist us during the course of further proceedings in the matter.
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(2017) 2 SCC 757 (2)
Order dated 13-2-2017
(Before Jagdish Singh Khehar, C.J. and Dipak Misra, Jasti Chelameswar, Ranjan Gogoi, Madan B. Lokur, Pinaki Chandra Ghose and Kurian Joseph, JJ.)
Suo Motu Contempt Petition (C) No. 1 of 2017
6. Shri Justice C.S. Karnan has been duly served, in terms of the motion Bench order dated 8-2-2017. A communication dated 10-2-2017 addressed by Shri Justice C.S. Karnan to the Secretary General of this Court has been received in the Registry of this Court. Every page of the above communication bears his signatures. The aforesaid letter of Shri Justice C.S. Karnan is taken on record.
7. Despite due notice, Shri Justice C.S. Karnan has not appeared. No one has been authorised by Shri Justice C.S. Karnan to represent him today. In any case, no one having a power of attorney, has represented him today. We are not aware of the reason(s) for his non-appearance. It is, therefore, that we refrain from proceeding with the matter as of now.
8. Post for hearing on 10-3-2017 at 10.30 a.m. Shri Justice C.S. Karnan is directed to be present in Court in person, on the next date of hearing. We also hereby direct that the interim order passed in this matter on 8-2-2017, shall continue till further orders.
9. It is necessary to notice that certain counsel appeared on their own. We enquired from them whether they were duly authorised by C.S. Karnan, J. and were in possession of a power of attorney to represent him. They had no such authorisation. These learned counsel submitted that they proposed to file impleadment application on behalf of certain organisation. The oral prayer for impleadment is rejected.
10. Since contempt proceedings are a matter strictly between the Court and the alleged contemnor, anyone who enters appearance and disrupts the proceedings of this case in future, should understand that he/she can be proceeded against, in consonance with law. All that we need to say is that no one should appear in this matter without due consent and authorisation.
11. The Registry shall communicate the instant order to C.S. Karnan, J. in the same manner as he was communicated the previous order.