The verdict is out – the Supreme Court has sentenced Justice Karnan to six months of imprisonment for contempt of court. It is another matter that he was not heard before being sentenced. Let us say that Justice Karnan refused to be heard. But the Supreme Court alleged that Justice Karnan was insane, and in contravention of all known human rights jurisprudence and Part III of the Constitution wanted to subject him to a medical examination against his will. Now if Justice Karnan is insane, how can he be guilty of anything—least of all contempt of court? Alleging insanity on the part of the accuser to get out of situations is as old as hegemony and human civilisation—and psychiatry has historically been a willing collaborator with the powers that be in discrediting valid accusations of oppressions as psychosis or neurosis (for example, “hysteria” in women and homosexuality to name a few). In the present case the Supreme Court has also tried to put its entire weight in gagging Justice Karnan and the media with a diktat that his contrarian orders should not be published.
The core issues, in my opinion, are the hegemonic structure of the higher judiciary, inaccessibility, unaccountability and most importantly judicial corruption.
But this is not only getting ahead of the story, but reducing it to merely a question of technicality and administrative tussle due to lack of clarity on procedure with respect to judicial errancy. The truth is that it is much more and the truth is bitter. Why would the legal fraternity rather obfuscate the questions that this standoff between Justice Karnan and the Judiciary raises rather than address the core issues? The core issues, in my opinion, are the hegemonic structure of the higher judiciary, inaccessibility, unaccountability and most importantly judicial corruption. The tussle between Justice Karnan and the rest of the judiciary started with the former raising questions of diversity and corruption in the higher judiciary. There were moments of drama and breaches of law and protocol on both sides, but commentators and the media largely focused on Justice Karnan’s missteps—which of course looks exaggerated given that he was taking on the entire behemoth that is the judiciary.
