Case against former Judge, CS Karnan: Madras High Court asks Police Commissioner, DGP to personally appear on December 7

The Madras High Court on Monday ordered that the Commissioner of Police, Chennai and the Director-General of Police be personally present in Court on December 7, when the petition filed for criminal action against former Judge, CS Karnan will be taken up..In course of dealing with the case, the Bench of Justices M Sathyanarayanan and R Hemalatha observed that earlier this year, Justice M Dhandhapani of the Madras High Court had passed orders for the setting up of special cells by the police to track social media abusers..The single judge had directed that this measure be carried out by the police within two months. However, the DGP has not done the needful and not much hit headway appears to have been done, the Court observed yesterday. .In this backdrop, the Court sounded a critical note over the delayed action on the part of the police, remarking:."... if a preventive action would have been taken at an appropriate time, videos numbering 33, would not have been uploaded and it also appears that incalculable damage has been done to the honour and reputation of the former Judges as well as some of the Sitting Judges of the Apex Court as well as this Court and that apart, to their family members, especially, the women-folk.".Moreover, the Bench observed that the police appears to have been selectively resorting to Section 41A of the Code of Criminal Procedure (CrPC), which allows the issuance of notice in lieu of arrest where the police is of the opinion that arrest is not required. .It also prima facie appears that Section 41-A of CrPC is selectively resorted to and it is not as if in respect of offences which are punishable seven years and below.Madras High Court.The High Court has been dealing with pleas filed against the former High Court Judge after several videos surfaced online featuring Karnan making derogatory remarks against judges and women..A complaint in the matter was first filed by Advocate Devika. In the meanwhile the Bar Council of Tamil Nadu and Puducherry moved a writ petition in the matter. Thereafter, the State Bar Council also filed a criminal petition registering grievance over the slow response of the police in the case..In a counter filed on Monday, the Police informed the Court that two more FIRs have been registered in the same issue last week, one by the State Bar Council and the other by the Delhi Tamil Advocate Association..Retired Justice CS Karnan uploaded offensive videos even after Court orders to block them: Police tells Madras High Court.Senior Advocate S Prabhakaran, assisted by Advocate CK Chandrasekaran appeared for the Bar Council of Tamil Nadu and Puducherry. On Monday, Prabakaran contended that the police investigation so far as been only an eyewash. He argued that if the Crime Branch had exhibited some urgency in the matter, several of Karnan's abusive videos would not have come in the public domain. .Additional Public Prosecutor S Karthikeyan, assisted by Advocate C Uma Devi as well as the Inspector of Police, Cyber Crime Branch, Chennai, who was personally present, however, asserted that prompt and necessary action as been taken. .After expressing its reservations as outlined above, the Court proceeded to adjourn the matter to December 7 when the DGP and the Chennai Commissioner of Police is expected to be personally present before the Court to render assistance to the Court in this case. .On November 10, the Madras High Court issued orders directing that derogatory remarks made by former High Court judge, Justice CS Karnan be blocked from social media..Karnan had served as a judge of the Madras and Calcutta High Courts, before he was held guilty of contempt of Court by the Supreme Court for making unfounded allegations against the judges of the top court. He was sentenced to six months imprisonment in that case and was released from prison in December 2017.

Case against former Judge, CS Karnan: Madras High Court asks Police Commissioner, DGP to personally appear on December 7

Meera Emmanuel

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