The Madras High Court on Tuesday ordered authorities to block the derogatory remarks made by former High Court judge, Justice CS Karnan on social media platforms observing that the damage caused would be incalculable if derogatory remarks continue to be uploaded online.
After hearing preliminary submissions made by Senior Advocate S Prabakaran, a Bench of Justices M Sathyanarayanan and R Hemalatha allowed the ad-interim relief prayed for by the petitioner, the Tamil Nadu Bar Council.
In its petition, the State Bar Council had sought criminal and legal action against the former judge and had also prayed for an interim direction to block the URL of websites hosted by Facebook, YouTube, and Google which had shared the ill content and video featuring Karnan's derogatory remarks.
The Bench observed today that the allegations being made by Karnan were prima facie highly defamatory.
In the course of the order, the High Court also stated that it is rather unfortunate to note that Justice CS Karnan, who had held an important Constitutional post, has gone down to such a level and repeatedly scandalized and made vituperative, obscene, and unparliamentary attacks against Judges of the Supreme Court, the High Court, and their families.
The Court further noted that his tirade continued unabated, with allegations being made against the female staff of the court and women lawyers as well, including a designated senior advocate.
After perusing the content submitted by the Bar Council, which included translations of the remarks made by the former Judge, the High Court added that Justice Karnan's remarks prima facie constituted cognizable offenses and offenses under the law for prevention of sexual harassment of women at the workplace.
The Bench also took on record that no action has been taken against the former Judge after the lodging of an FIR over Karnan recently attempting to barge into the residence of a former Supreme Court judge.
Notice in the matter was accepted today by AAG Kumaresh Babu on behalf of the State respondents, who have been directed to file counters. The matter was fixed for further hearing on December 6. The ad-interim relief granted today would continue until further orders, the Bench said.
Appearing for the Tamil Nadu Bar Council, Senior Advocate Prabakaran pointed out that Justice Karnan had been issuing statements to challenge the authorities to take action against his criminal actions.
He also contended that the High Court should intervene in the matter, given its obligations to maintain a safe workplace for women employees of the court. In this regard, he highlighted that Karnan has been making sexually coloured remarks against women working at the court, in violation of the Prevention of Sexual Harassment at the Workplace Act.
"Not only one time, every day he is continuously making derogatory statements. This Court is closing eyes and keeping quiet. This is very unfortunate," Prabakaran argued.
During the course of the arguments, the court was informed that the Bar Council had been swift to act against delinquent members of the Bar, pointing out that it had suspended a lawyer yesterday on finding that he was in possession of ganja.
"Why has the Court not acted in this (CS Karnan's) case?” Prabakaran submitted, adding,
"He (Karnan) is saying, 'I have a right, freedom of speech'... What is this freedom of speech when you go on making derogatory statements? We cannot say the bad words that have been used (by Karnan)... No citizen can take the liberty of scandalizing the judiciary. Every day he is scandalizing the institution... A common, prudent man cannot sit and listen to these things. It is very painful to note that no action has been taken. Without any materials, he goes on making allegations."
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.
