'Threat By Using Caste Name' : Madras High Court Restrains National SC/ST Commission, TNHRC From Taking Cognizance Of Karnan's Complaints

The Madras High Court on Monday passed an interim injunction restraining the National Commission for Scheduled Castes and Scheduled Tribes and the Tamil Nadu State Human Rights Commission from taking cognizance of the complaints made by former High Court judge CS Karnan against the officers probing the abusive videos case against him, and also the judges deciding the case and the complainant.

A division bench comprising Justices M Sathyanarayanan and AA Nakkiran passed the interim order after forming a prima facie opinion that the complaints amounted to "intimidation", "threat by using caste name" and were an attempt to "prevent the investigating officers from discharging their duties".

The injunction will remain in force until further orders of the Court. The Court has also issued notices to the National SC/ST Commission and the TNSHRC. The case will be next considered on April 22.

The order was passed in an application filed by the Bar Council of Tamil Nadu and Puducherry, after hearing Senior Advocate S.Prabakaran, assisted by CK Chandrasekaran.

Karnan was arrested by the Chennai police on December 2 last year in an FIR registered over a series of abusive videos made by him in which he was seen issuing threats of sexual violence against female relations of judges. He has been under custody since his day of arrest. Earlier, the High Court had dismissed his bail application, rejecting his argument that the videos were made out of psychological stress and depression.

Later, he made a complaint to the SC/ST Commission and the TNSHRC alleging that the police officers had abused him on the basis of his caste name.

The High Court noted that the Supreme Court had earlier punished Karnan for criminal contempt of court for scandalizing the judiciary with his public utterances. In that episode also, Karnana had also made complaints against Supreme Court judges under the SC/ST(Prevention of Atrocities) Act.

The High Court observed that Karnan has "once again started to indulge in the very same act" which was frowned upon by the Supreme Court.

The order passed by the bench recorded as follows :

"... the 9th respondent(Karnan) prima facie appears to have indulged in the acts of intimidation and threat by using the caste name and therefore, making attempts to prevent the officials of the Investigation team to investigate the cases registered against him in a fair and proper manner and in accordance with law".

Observing that a prima facie case for grant of injunction has been made out, the Court ordered :

"...there shall be an order of ad-interim injunction restraining the respondents 11 and 12, viz., the National Commission for Scheduled Castes and Scheduled Tribes, New Delhi and the Tamil Nadu State Human Rights Commission, from taking cognizance of the representation/compliant given or to be given by the 9th respondent and his associates against respondents 3 to 5, defacto complainant as well as against the Presiding Officers who are dealing with the cases and the officials who are dealing with the matters until further orders".

In November last year, the High Court had ordered the blocking of the objectionable videos posted by Karnan

Click here to read/download the order