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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

Amit Shah challenges Rahul Gandhi to debate SIR in Parliament

Amit Shah responded to Rahul Gandhi’s public debate challenge by inviting him to discuss the SIR exercise in Parliament. He also criticised the Congress over its demand for Chief Election Commissioner Gyanesh Kumar’s resignation.

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Union Home Minister Amit Shah has challenged Congress leader Rahul Gandhi to take up his demand for a public debate with Prime Minister Narendra Modi in Parliament, saying the government is ready to convene a special session to discuss the Special Intensive Revision (SIR) exercise.

Addressing a rally in Haryana’s Karnal, Shah directly responded to Gandhi’s challenge to the Prime Minister, asking the Congress leader to write to PM Modi if he wanted a discussion.

“I want to challenge Rahul Gandhi directly. You challenge PM Modi for a discussion? If you want a discussion, simply write a letter to PM Modi. We are ready to convene a special session of Parliament to discuss the SIR exercise… Come and debate in Parliament,” Shah said.

The remarks came two days after Rahul Gandhi issued another public debate challenge to the Prime Minister.

On November 3, Gandhi wrote in a post on X that PM Modi could choose any stage or venue for a discussion. He proposed debating allegations concerning who was anti-national and who had connections with foreign forces, adding that the media and the country’s youth should also be present.

Amit Shah targets Congress over SIR controversy

During his address, Shah also criticised the Congress over its demand for the resignation of Chief Election Commissioner Gyanesh Kumar.

Referring to the 2014, 2019 and 2024 Lok Sabha elections, the Home Minister argued that the Congress had lost despite no Special Intensive Revision exercise being conducted during those elections.

“Where was the SIR in 2014? You were completely wiped out even then. Where was SIR in 2019? You lost. There was no SIR in 2024 either, yet you lost again,” he said.

Shah also referred to the elections in Haryana and Maharashtra, claiming that there was no SIR exercise in either state when the Congress suffered electoral defeats.

He accused the Opposition of disrupting parliamentary proceedings and organising protests on the streets instead of allowing Parliament to function.

Shah criticises Rahul Gandhi over protests

The Home Minister further alleged that Rahul Gandhi and the Congress were creating disorder through street protests and parliamentary boycotts.

Shah said BJP workers would give a “fitting reply” if Gandhi continued to mobilise crowds on the streets.

He also questioned Gandhi’s claim to have mobilised large numbers of people for a rally in Delhi, alleging that the venue had a capacity of 70,000 and was still half empty despite an appeal to bring 10 lakh people.

“The people of the country have consistently defeated Rahul Gandhi and the Congress party. The people of the country are not with you or the Opposition alliance,” Shah said.

Amit Shah raises questions over Rahul Gandhi’s foreign visits

Shah also sought details about Rahul Gandhi’s foreign visits, arguing that people had a right to know about them.

“You’re Leader of Opposition… People have the right to know,” the Home Minister said.

His remarks came amid the continuing political confrontation between the BJP and Congress over the SIR exercise, electoral processes and the Opposition’s criticism of the Election Commission.

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Women’s cash schemes in Chhattisgarh ease inflation, not entrepreneurship

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By Neeraj Mishra

As Chhattisgarh celebrated its 26th Foundation Day with Home Minister Amit Shah as chief guest, there are worries about the cash programmes for women.

With the payment of the 33rd consecutive monthly installment of Mahtari Vandan Yojana to more than 67 lakh beneficiaries, Chhattisgarh has created a record of sorts. The 67 lakh women are supposed to have received a monthly cash dole of Rs 1000 per head in their accounts totaling to a mammoth Rs 21,350 crore. It translates into a very neat Rs 33000 per head for each married woman over the age of 21 so far.

And all these women are KYC- checked and receive the direct benefit transfer. If there are an average of  three married women in a joint family, then the amount totals to better than the average rise in paddy prices. That’s not all, there are six other women’s schemes which provide easy loans and rent free shops in good locations. These schemes pump in a further Rs 11,000 crore into each household every year. Further, the renamed MNREGA has another Rs 16,200 crore reserved for the state every year.

So far so good and it reads like a state government PR pamphlet. Now for the bad news. The cash dole has so far been absorbed by the family itself because of the inordinate rise in fuel prices. By all accounts only 23 per cent of the households who receive gas cylinders are able to continue buying it. Only 15 per cent of those who received loans for various trades including e-rickshaws have been able to sustain it. This is roughly about 41,000 women so far.

The state had also invested in physical infrastructure like sheds and shops for trades like mushroom farming, goat farming and small size hatcheries. Some shops were given rent free on prime locations in Raipur, Durg and Bilaspur etc. Most of these facilities have been abandoned as the self-help groups (SHGs) formed for the purpose haven’t been able to convert it into a profitable venture. In fact, each SHG, which usually has 11 women, is given a monthly encouragement amount of Rs 15,000 which is now being split amongst the group with nothing to show for it.  Most sheds have either broken down or have become illegally occupied. Better still, the shops have been handed over to businessmen to recover some of the cost.

“The main reason these schemes have not had the desired effect is lack of training and a general apathy on part of the entrepreneurs because of easy cash,” said an official. And that best sums it up.

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Sharad Pawar admitted to Mumbai hospital hours after Pune discharge

NCP (SP) chief Sharad Pawar was admitted to Mumbai’s Breach Candy Hospital hours after being discharged from Pune’s Ruby Hall Clinic, where he had been undergoing medical observation following complaints of cough and chest pain.

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Sharad Pawar

Nationalist Congress Party (Sharadchandra Pawar) chief Sharad Pawar was admitted to Mumbai’s Breach Candy Hospital on Wednesday, just hours after being discharged from Pune’s Ruby Hall Clinic. His daughter and Baramati MP Supriya Sule confirmed the development in a social media post, saying that the veteran politician was being admitted for further medical tests.

The 85-year-old leader had been discharged from Ruby Hall Clinic earlier on Wednesday after being admitted on November 2 following complaints of cough and pleuritic chest pain.

Confirming his admission to the Mumbai hospital, Supriya Sule said, “We are admitting Baba to Breach Candy Hospital for further tests. Thank you all for your concern and good wishes.”

Pawar’s latest hospitalisation came after he had undergone medical tests and observation during his stay at the Pune facility. Sule had earlier said that his health parameters were stable.

Why was Sharad Pawar admitted to hospital?

Sharad Pawar was initially admitted to Pune’s Ruby Hall Clinic on November 2 after experiencing complaints of cough and pleuritic pain, a form of chest pain that generally becomes worse while breathing, coughing or sneezing.

Dr Purvez K Grant, chief cardiologist, chairman and managing trustee of Ruby Hall Clinic, had said that Pawar was admitted for a general health check-up and medical observation following complaints of pleuritic pain.

During his hospital stay, Supriya Sule had informed that Pawar was undergoing medical tests and that his health parameters remained stable.

He was subsequently discharged from the Pune hospital on Wednesday. However, hours later, his family decided to admit him to Mumbai’s Breach Candy Hospital for further medical examinations.

PM Modi calls Sharad Pawar, advises complete rest

Prime Minister Narendra Modi also spoke to Sharad Pawar over the phone on Wednesday morning to enquire about his health.

According to Pawar’s aide Vitthal Maniyar, the Prime Minister spoke to the NCP (SP) chief and advised him to take complete rest.

Maniyar said Modi told Pawar that his daughter Supriya Sule and others were ready to take care of the country, and that the veteran politician should focus on his health.

Pawar thanked the Prime Minister for enquiring about his well-being, the aide said.

Maniyar also said that Pawar told Modi that he was resting and had no worries about the country, as others were there to take care of things.

The latest hospital admission was confirmed by Supriya Sule, who said her father was being taken to Breach Candy Hospital for further tests.

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