JAGDISH SINGH KHEHAR,J. - (1.) The task at our hands is unpleasant. It concerns actions of a Judge of a High Court. The instant proceedings pertain to alleged actions of criminal contempt, committed by Shri Justice C.S. Karnan. The initiation of the present proceedings suo-motu, is unfortunate. In case this Court has to take the next step, leading to his conviction and sentencing, the Court would have undoubtedly travelled into virgin territory. This has never happened. This should never happen. But then, in the process of administration of justice, the individual's identity, is clearly inconsequential. This Court is tasked to evaluate the merits of controversies placed before it, based on the facts of the case. It is expected to record its conclusions, without fear or favour, affection or ill-will.
(2.) The factual position which emerged in this case, during the course of hearing, was almost entirely based on the contents of correspondence addressed by Justice Karnan. They eventually resulted in his transfer, from the Madras High Court to the High Court of Calcutta. The episode of his transfer, was preceded by letters written by a series of former Chief Justices of the Madras High Court, to the then Chief Justice(s) of the Supreme Court of India, seeking his transfer. The transfer of Shri Justice C.S. Karnan was also sought, through a joint representation addressed by 20 sitting Judges of the Madras High Court.
(3.) During this period, and unconnected with the reasons for seeking his transfer, the Registrar General of the Madras High Court approached this Court, highlighting the fact that Shri Justice C.S. Karnan had initiated suo-motu writ proceedings, wherein, he had stayed administrative orders passed by the Chief Justice of the Madras High Court. Having heard the matter, a Bench of this Court, presided over by the then Chief Justice of India, passed the following directions: - "Permission to file special leave petition is granted. Issue notice. In the meantime, there shall be stay of interim order, dated 30.4.2015 passed in M.P. no. 1 of 2015 in Suo-motu Writ Petition no. (unnumbered) of 2015, until further orders. We restrain the learned Judge, who has initiated proceedings relating to Suo-motu Writ Petition no. (unnumbered) of 2015 pending before the High Court of Judicature at Madras from either hearing or issuing any directions in said petition and other matters connected therewith. There shall not be any interference by any person/authority or learned Judges in completing the process initiated by the High Court for selection and appointment of Junior Divisional Judicial Officers till the disposal of the special leave petition. List after summer vacation." The petition filed by the Registrar General was later assigned Special Leave Petition (Civil) no. 14842 of 2015. ;