Support Justice Karnan and Demand of Reservation in Judiciary


Justice Karnan may be the reason for Annihilation of Caste System in India. We are fighting for reservation in judiciary and for National Judiciary Commission (Judges to appoint such as IAS, IPS by UPSC) but what will happen to those judges who will come taking provisions of reservations whereas a learned judge like Justice Karnan who entered into judiciary through General Merit but facing such type of Caste curse, UNTOUCHABILITY, APARTHEID, DEGRADATION, GRADED DEGRADATION.

It seems the voice of Justice Karnan can pave the way to fulfill the Dream of Baba Saheb Dr. B R Ambedkar for casteless society if representatives of our society, majority voters could extend all possible support to Justice Karnan. Ambedkarite groups demand reservation in Judiciary amidst Justice Karnan’s recent assertion on under-representation of all social sections in Judiciary of Indian Republic.

The Collective further shows its solidarity to Justice Karnan, High Court Calcutta for his bravery in exposing the deep-rooted caste based sensibilities in the Indian judicial system. Justice Karnan’s devastating allegation against the Supreme Court judges’ caste discrimination is living evidence that the court system in India is hazardously infectious of caste prejudice.

Justice Karnan’s courageous testament to upholding the democratic values and constitutional principles devoid of nasty casteism is a living example of caste virus severely affecting the fabric of Indian republic.

The Ambedkarites are closely following the events unfolding Justice Karnan’s episode. It extends its warming support to Justice Karnan and encourages him to continue his struggle that is representative of the community, majorities, mulnivasis experiences. As an Ambedkarite community, it acknowledges the undeterred spirits of Justice Karnan that has exposed to the world the hypocritical stands of the supposedly “fair” court system in India.

In our advocacy against India’s caste biases, Justice Karnan’s courageous leadership has given us additional reasons to make a strong case against Indian caste based system with international governments and the UN. This incident has brought out the hidden malicious practices of caste discrimination in the court of justice.

In the appointment of Supreme Court and High Court judges, there is a lack of adequate representation of the Scheduled Caste, Scheduled Tribe and Backward Caste judges on the bench. From 1950 to the present, only four Scheduled Caste judges were promoted to Supreme Court.

According to a report, 70 percent of the judges come from 132 families thereby giving rise to the nepotistic virtues practised in the highest orders. The Supreme Court in 1993 condemned the “self-perpetuating oligarchy” in the court system which it observed gave rise to a “theory of judicial relationship.” It furthermore stated that “generations of same men from the same family or caste, community or religion, are being sponsored or initiated as judges.”

The rampant corruptible practices in appointment and corruption in the court system go unchecked and unpunished. Without a representational judiciary, the republic ceases to function in honesty. Ordering the psychiatric evaluation of a respected high court judge belonging to the Scheduled Caste is contemptuous to the whole community whereby exercising one’s rights is declared insane.

This episode has once again proven that a whole system acts against a vulnerable community person, should one decide to exercise one’s constitutionally granted rights. It has also shed light on the contemptible practices of caste bigotry. Scheduled Caste person is a Mulnivasi first and later considered as a fellow worker. Under such disparaging attitude, the Mulnivasi community realizes to live.

We demand reservation in the Judiciary, like executive and legislature to democratically function the arms of government. As a democratic movement in the AP and global community, we have resolved to participate in Justice Karnan’s struggle against the behemoth of caste which is invisible yet palpable. We appeal to the political parties to stand guard to protect the constitutional provisions that demand protection of the women, BC, ST, Scheduled Caste citizens.

Read -  Caste System and the Cycle of Corruption

We also urge the Prime Minister of India, Mr. Narendra Modi to look into the allegations made by Justice Karnan against 20 sitting judges and law officials. Failure to do so will expose the government’s lack of empathy towards the vulnerable section of the communities. Jai Bhim, Jai Mulnivasi, Jai Bharat.

Supreme Court has taken away the rights of parliament

Supreme Court has abused the jurisdictional powers of Parliament by sacking and punishing Justice C.S. Karnan of Kolkatta High Court for six months. It is clear in Article 214 and 124 of the Constitution of India that the Judges of High Court or the Supreme Court can remove only by the Parliament through prosecution. First, Supreme Court took away the Right to Appoint the Judges and now also to remove them, with their own Decision.

With this act, the balance in the Judiciary, the Executive, and the Legislature in the Constitution has become impaired. If Justice Karnan committed any mistake, then the Supreme Court should have investigated the matter and sent it to the Parliament and Parliament can remove the Judge by indicting the accused. Let’s assume that Justice Karnan did wrong but the Supreme Court should not have done wrong.

The question is not only of snatching the Rights of Parliament, but it can lead to a very dangerous situation in the Country. Will the Country run only by the Supreme Court? One thing became clear from this act of the Supreme Court that why it is not accepting the terms of the Memorandum of Procedure recommended by the Government of India.

In this way, the Supreme Court is snatching the legislative jurisdiction day by day.

If Justice Karnan’s behavior is not appropriate, then the High Court and Supreme Court Collegium are responsible for that. Why the conduct of the Justice was properly not checked while appointment. Matters of the conduct of the Judge can be discussed only in Parliament. The manner in which Justice Karnan’s issue was dealt and same happens with any other Judge tomorrow, it will end the autonomy of the Judiciary. In any Criminal Case, punishment cannot be pronounced without the procedure of trial.

As happened in this case, there is no Disciplinary Proceedings against the Judges of Supreme Court and High Court. Assuming that a Judge did wrong work, if he is directly punished without the process of law, then any time and any Judge can be sent to jail.

In this case, the Supreme Court has taken the cognizance of itself. Justice C.S. Karnan cannot be forced to be subjected to a medical examination for his allegations about the corruption of the Judges, as it was done in this case. If this news is not reported in the media then here the Supreme Court has done wrong.

It is a time for all of us to come together and fight the injustice done to Justice Karnan, only then we can bring a new system with equality.

Autor – Ratnam

Image credit – Indian Express

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  1. 1
    Kuldip Kumar

    The whole episode is evidence to the fact that media can turn any lie into TRUTH. It depicted the whole tussle as fight between Supreme Court and one “erring” “haughty” “rude” Judge. Whereas it was a fight by one Judge against certain corrupt persons holding the post of Judge. Mr Justice Karnan had complained to the SC against corrupt practices being done by certain persons holding post of Judge at HC and SC. Incidentally rather ironically some of the accused persons were members of the Seven Judges bench which sentenced Mr Justice Karnan to six months imprisonment.
    Till date Mr. Karnan is as much Judge of HC as the seven persons are Judge of Supreme Court. Then how the verdicts given by Mr Justice Karnan were not Orders of a HC? And how seven member bench’s verdicts were that of SC?
    As per Article 227 HC has “Superintendence” over all courts functioning in its territorial jurisdiction. It can even remove judges of lower courts. BUT NO SUCH POWER IS VESTED WITH SC OVER ANY HC. Then how can the seven judge bench punish a Judge of HC?
    I recall one such case of contempt. Kalyan Singh was CM at the time when Babri Masjid was demolished. Thousands died after the demolition. KS was punished by SC for contempt of court as he failed to ensure its safety. THE SC PUNISHED him with ONE DAY’S SYMBOLIC IMPRISONMENT. And a Judge who raised voice against corruption has been punished for maximum length of imprisonment as provided in IPC !! A constitutional authority whose act of omission caused death to thousands was punished for one day and another Constitutional Authority, against whom the Constitution does not give any right to punish to SC, has been punished for maximum term. Should it be not taken as caste bias? Only time will tell the truth.

    • 2

      Indeed, media plays an important role in shaping the people’s opinion and can make hate those who are right and can make love who are wrong. Same is the case with Brahminical courts.

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