The Bar Council of Tamilnadu and Puducherry has filed a public interest litigation before the Hon’ble High Court Of Madras Seeking appropriate legal and criminal action against the former judge C.S. Karnan for his Obscenity Speech which has been circulated by uploading the same in social platforms for the past few weeks.

The Bar Council of Tamilnadu and Puducherry has filed a public interest litigation before the Hon’ble High Court Of Madras Seeking appropriate legal and criminal action against the former judge C.S. Karnan for his Obscenity Speech which has been circulated by uploading the same in social platforms for the past few weeks.
Submissions made by Senior Advocate S. Prabakaran:
1. The Writ Petition is filed for upholding the dignity of the legal and judicial fraternity, as well as the majesty of the Hon’ble Courts and protect the interest of the esteemed Bench and learned Bar members, who practice with high standards of morality, probity and integrity. It is the duty of the Council to protect the same and uphold Rule of Law. To my knowledge and belief, no case is filed regarding the matter relating to the lis involved in the present case.

2. It is further submitted that the judicial system is ultimate in India, since the courts are the only place to uphold the democracy when some attempts are made to shake the basis of the fundamental rights, people have enormous belief in the system of legal set-up and always knock the doors of the temple of justice, when fundamental rights are violated. In a such system, the bar council by itself has been now been forced to approach this Hon’ble court in order to safeguard the fundamental rights in order to protect the human dignity and to safeguard the judicial system guaranteed under the constitution of India, which has never happened in the history since the commencement of this Council.

3. The present writ petition is being preferred seeking necessary action against C.S. Karnan, a retired Judge and others who are at present ruining the dignity of the entire system by their irresponsible and vituperative speech in Visual platform for the past few weeks. The Writ petition is filed since no action has been initiated against him by the law enforcing agencies, even after it was brought to the notice of the concerned authorities on 5-11-2020. Given the seriousness of the issue and urgency required to initiate action to avoid further damage to the reputation of the Judiciary and legal fraternity as a community, the writ petition is moved to uphold Rule of Law and the majesty of Judiciary.

4. But, the present situation has warranted the Bar Council of Tamilnadu and Puducherry to knock the doors of the temple of justice to initiate appropriate action against a unfortunate utterances of Mr. C.S. Karnan, the eight respondent herein, who is involving himself in various criminal offences and a threat to judicial and legal system through social platform uttering allegations with so many illegal videos with unethical, unparliamentarily comments against the judiciary and its functioning.

5. The judiciary is not only the guardian of the rule of law and third pillar but in fact the central pillar of a democratic State. If the judiciary is to perform its duties and functions effectively and true to the spirit with which they are sacredly entrusted to it, the dignity and authority of the courts have to be respected and protected at all costs. Otherwise, the very corner-stone of our Constitutional scheme will give way and with it will disappear the rule of law and the civilized life in the society.

6. The Judicial Institution is now put to deep concern because of the derogatory, unprotected obscenity conduct and speech of the former judge and deeply concerned about the malice and malicious statement issued by him over weeks in social platform. The members of the responsible institution will not tolerate such illegal act and speech.

7. Further the contents of the video indicate obscene profit that he attempted to molest the lady judges, wives of the Hon’ble Judges and unparliamentary words against the women advocates who have lodged complaint against former judge. In the said video the said former judge has used indecent, obnoxious, un-parliamentary language, threats against the wives of the Judges of the Hon’ble High Court and Supreme Court, serving and retired, After being convicted by the Hon’ble Supreme Court of India, C.S. Karnan is repeatedly making false, vague, scandalizing remarks and threatening the Judges in the Public Media which will have greater effect in disturbance of the Public confidence and faith over the judiciary and its integrity.

8. No one can be allowed to make such indecent speeches and allegations against the highest Constitutional body. The language used, has certainly brought disrepute to the majesty and value of Judiciary. By circulating the said video the former judge has shaken the foundation of the sacred Institution.

9. Therefore we the members of the Bar council of Tamilnadu requested the law enforcing agency to initiate appropriate criminal action against the 8th respondent and others and thereby take appropriate custody of them in order uphold the faith of general public in the legal system.

10. The Circulation of a disparaging statement will-be an injury to the public and it tends to create an apprehension in the minds of the people regarding the integrity, ability or fairness of the Judicial system and deter actual and prospective litigants from placing complete reliance upon the courts administration of justice, it is likely to cause embarrassment in the mind of the Judges himself in the discharge of their judicial duties. The principal and paramount aim is to protect the dignity of the court and the due administration of justice. Since the statements circulated are offence, disrespect towards a court of law and its officers in the form of conduct that opposes or challenges the authority, justice and dignity of the Court and the Court’s Constitutional power is at stake.

11. In these circumstances directions may be issued to maintain the dignity of the Courts as the Courts play an important role in the lives of citizens of India.

12. Hence the senior counsel S. Prabakaran sought to Issue an ex-parte urgent interim direction to the authorities and cyber crime to block the URL sites in and which the said judge has shared ill content of Video graphs him which have been uploaded and circulated and further to initiate appropriate directions against the said judge C. S. Karnan and other immediately.

The Hon’ble High court was pleased to hear the matter and passed appropriate order directing the cyber crime and others to block the sites and issued notice as to what action the state has taken against the said C. S. Karnan ( former Judge ).