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Proven guilty by the bar?

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Ram Jethmalani

[vc_row][vc_column][vc_column_text]I am convinced you have lost your mind, writes senior lawyer Ram Jethmalani to CS Karnan, sitting High Court justice

By Sujit Bhar

The Justice CS Karnan case has stirred the legal community like no other. It has not only made the bench jittery, starting from the lower judiciary to the topmost office of the country, but has also generated huge interest among advocates and even the general public. The idea is to wait and watch how the judiciary deals with one of its own; whether the law actually applies to all, equally.

This is a constitutional issue. Incidentally, it must be remembered that there is no overarching mechanism that oversees the actions of the bench at the top level, starting from the High Court and upwards. The mechanism to handle issues at this level is to be handled through an impeachment process that is complicated and time consuming. It was beyond the comprehension of the writers of the constitution that such an issue would grow out of a system that was formatted and put in place with huge powers of oversight over the rest.

While there have been others who have faced impeachment due to corruption, Justice Karnan’s is a unique case which it isn’t about corruption, but about indiscipline and insubordination.

A screenshot of Jethmalani's letter

A screenshot of Jethmalani’s letter

The recent outburst of senior advocate Ram Jethmalani, in an open letter to Justice Karnan (see picture), is a case in point. It is a letter that, under normal circumstances, would have been taken as an affront to the judiciary and would have called for censure from the bench. No reaction is, so far, available from the bench on this letter.

The letter in itself was totally uncalled for, because as Jethmalani himself has admitted, “I have never met you nor even heard about you…” but then he goes on to say: “I am sorry to tell you that I am convinced you have lost your mind. You behaviour is that of a lunatic and some day that may be the only defence available to you though with no bright chance of success.”

One would wonder what the result would be, if any lawyer, of whichever standing, or an ordinary citizen for that matter, had written such a letter to any other high court judge of the country. Would not contempt proceedings be brought against that lawyer?

Jethmalani also says: “…humbly pray for pardon for every stupid action you have so far indulged in.”

This has to be studied in three parts. First, the law-abiding citizen would like to see how the judiciary deals with one of its own, and how it provides even a judge a fair trial. Can a judge—or any citizen for that matter—be declared a law-breaker because he/she refused to appear for a contempt hearing? If so, then the law is being justly and equally embalmed.

Secondly, would not Justice Karnan be deemed innocent till proved guilty? If at this point nothing has been proved against him—certainly no crime—how was it possible for a senior lawyer to cast serious personal aspersions on a member of the bench? This is not to condone the actions of the judge in question (Justice Karnan), but to question the action of a lawyer, who is no more a civilian than any one of us, even if he is attached to the judicial system.

And third, if discipline is a matter imposed only on non-judicial civilians, then would the constitution condone that act? What is the mechanism of redress available to the ordinary citizen in the case of an emotional outburst following a judgement that he or she or his or her family fails to comprehend and/or feels has not been fair? Does the accused have access to redressal, other than approach a higher court, which involves cost? If not, should Jethmalani be so unique a human being that his letter can be overlooked?

The Justice Katju case

This brings to mind the call for contempt of Justice Markandey Katju. Not only was he a former judge of the Supreme Court, he is also the former Chairman, Press Council of India, both extremely authoritative positions. He has been known to be outspoken, a trait that got him in trouble.

In the Soumya rape and murder case—where the culprit Govindachamy assaulted and then raped the 23-year-old in the empty ladies coach of a moving train before allegedly pushing her off the train, killing her—the Supreme Court had refused to give capital punishment to Govindachamy. It upheld his life sentence instead, overturning the Kerala High Court’s death sentence of 2013.

The incident was almost as gruesome as the Delhi Nirbhaya case, though the assailant was just one, but the issue of his pushing Soumya off the train could not be proved. That was the primary reason why the Supreme Court stopped before capital punishment.

The judgement created heartbreak in Kerala and Justice Katju said in a Facebook entry that the apex court had “grievously erred” by not imposing death penalty. Katju said it was “regrettable” that the court has not read Section 300 carefully.

In October 2016, the apex court summoned Justice Katju and issued a contempt notice for criticizing the judge and not the judgement. To this, Justice Katju had said: “Mr (Justice) Gogoi don’t threaten me. Do what you want. I am not scared.”

The incident got serious when Justice Katju kept reminding the Judge (Gogoi) that he (Katju) was senior to him. At one point the bench called for security, saying: “Is there anyone to escort Justice Katju out of court?”

In January this year Justice Katju had to submit an unconditional apology to the court at which contempt proceedings were dropped.

If that was the case of a former Supreme Court Judge, casting personal insults on a sitting high court judge might be considered a serious case, especially when the judge in question is yet to be proven guilty of any crime other than contempt of court.

How does advocate Ram Jethmalani stand?[/vc_column_text][/vc_column][/vc_row]

India News

Veeramani POCSO case: Vijay questions Stalin over earlier probe

Tamil Nadu Chief Minister Vijay has questioned MK Stalin over the handling of the Veeramani POCSO case, while Stalin has rejected allegations that the previous DMK government protected anyone.

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Actor Vijay

Tamil Nadu Chief Minister and Tamilaga Vettri Kazhagam (TVK) president C Joseph Vijay has questioned DMK president MK Stalin over the handling of the POCSO case involving Gem Granites founder R Veeramani. The political exchange follows renewed investigation into allegations involving minor girls.

Vijay’s remarks came as the ruling TVK stepped up its questions about how the case was handled during the previous DMK government. The party’s IT wing has alleged that the earlier investigation was weakened and questioned why a final report was filed.

The allegations have been rejected by the DMK. Stalin has said that no order was issued by the DMK government to protect anyone in the case and has called the allegations false and defamatory.

What did Vijay say about the Veeramani case?

Vijay questioned Stalin over the handling of the case and demanded an explanation from the former chief minister.

The TVK has specifically questioned why action was not taken against Veeramani during the previous administration and why the earlier investigation resulted in a closure report.

The party has also raised questions about the role of officials involved in the earlier investigation. These are political allegations made by the TVK and have not been established as facts.

What is the Veeramani POCSO case?

The case concerns allegations of sexual abuse of minors involving R Veeramani, the founder of Gem Granites.

The case came under renewed scrutiny after a special POCSO court rejected an earlier closure report and ordered further investigation. The expanded probe has subsequently identified additional alleged survivors who were minors at the time of the alleged offences, according to current reporting.

The investigation is also examining the circumstances surrounding the earlier probe and whether there were any lapses in how the case was handled.

What has MK Stalin said?

Stalin has rejected allegations that the previous DMK government protected Veeramani.

He has said that no order was issued by the DMK government to shield anyone in the case. Stalin has also said that everyone responsible for the alleged offences, including anyone who aided or attempted to protect the accused, should face the law.

The DMK president has further said that the focus should remain on securing justice for the affected girls rather than making political allegations.

Why has the case become a political issue?

The Veeramani case has become the subject of a political dispute between the ruling TVK and the DMK over the handling of the earlier investigation.

The TVK is questioning the previous government’s handling of the case, while the DMK has denied that it intervened to protect the accused.

At this stage, claims about political interference or deliberate weakening of the earlier investigation should be treated as allegations unless established by the ongoing investigation or judicial proceedings.

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India News

Women wrestlers challenge Brij Bhushan’s acquittal in sexual harassment case

Four women wrestlers have challenged the acquittal of former WFI chief Brij Bhushan Sharan Singh and co-accused Vinod Tomar in a sexual harassment case.

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Brij Bhushan Sharan Singh

Four women wrestlers have approached a Delhi court challenging the acquittal of former Wrestling Federation of India (WFI) chief and BJP leader Brij Bhushan Sharan Singh in a sexual harassment case.

The wrestlers have also challenged the acquittal of co-accused Vinod Tomar. The matter is scheduled to be heard by a Special Judge at the Rouse Avenue Courts.

The appeal challenges the order passed by an Additional Chief Judicial Magistrate on August 3, 2026, when Brij Bhushan and Tomar were acquitted in the case.

Wrestlers challenge court’s reasoning

In their appeal, the wrestlers have argued that the acquittal order is legally unsustainable and that the evidence was not assessed appropriately.

They have also alleged that the order relied on assumptions about how victims of sexual assault and harassment were expected to behave instead of assessing the evidence and circumstances of the complainants.

The challenge seeks judicial scrutiny of the findings that resulted in the acquittal of Brij Bhushan and Tomar.

Brij Bhushan was acquitted in August

The Rouse Avenue court acquitted Brij Bhushan Sharan Singh on August 3 in the sexual harassment case involving women wrestlers. The court’s decision followed consideration of the evidence and statements presented during the proceedings.

The case had emerged after several women wrestlers accused the former WFI chief of sexual harassment. The allegations had led to a major protest by wrestlers in 2023.

The latest appeal means the acquittal is now being challenged before a higher court.

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India News

Congress protests against Gyanesh Kumar, demands Election chief’s resignation

Congress workers took to the streets against Chief Election Commissioner Gyanesh Kumar, with protests and demonstrations held over the party’s allegations concerning the Election Commission.

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Congress stepped up its campaign against Chief Election Commissioner Gyanesh Kumar, with party workers taking to the streets and demanding his resignation amid the ongoing row over the Election Commission.

The protests followed repeated criticism by Congress leaders of the poll panel and its functioning. The party has alleged irregularities in the electoral process and has sought accountability from the Election Commission.

Congress leaders have also targeted Gyanesh Kumar personally, with Rahul Gandhi among those calling for the Chief Election Commissioner to step down.

Congress takes protest to streets

Congress workers staged demonstrations in different places as part of the party’s campaign against the Election Commission.

The protests featured sharp symbolism, including masks and handcuffs, as Congress sought to highlight its allegations against the poll panel and demand action against Gyanesh Kumar.

The demonstrations are part of a wider confrontation between the Congress and the Election Commission over issues related to electoral rolls and the conduct of elections.

Congress demands Gyanesh Kumar’s resignation

The Congress has repeatedly demanded the resignation of Gyanesh Kumar, accusing the Election Commission of failing to adequately address the concerns raised by the opposition party.

Rahul Gandhi has also stepped up his criticism of the poll panel. In a statement on Thursday, he demanded that Gyanesh Kumar resign and alleged that the Election Commission had acknowledged the issue of “vote theft”. These are allegations made by the Congress and should not be treated as an established finding unless confirmed by the relevant authority.

The dispute comes amid a broader political debate over electoral rolls, voter verification and the functioning of the Election Commission.

Election Commission under opposition scrutiny

The Congress has intensified its campaign against the poll body in recent weeks, with party leaders repeatedly questioning its decisions and procedures.

The Election Commission, meanwhile, has maintained that India’s electoral process is conducted according to the Constitution, electoral laws and prescribed procedures. Chief Election Commissioner Gyanesh Kumar has previously defended the integrity of the electoral system and rejected claims that electronic voting machines can be remotely hacked.

The latest protests add to the continuing political confrontation over the Election Commission and the opposition’s demands concerning the poll panel’s functioning.

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