Ex-Judge Karnan's Abusive Videos : Madras High Court Directs Personal Presence Of DGP & Commissioner To Ascertain Probe Status

While seeking personal presence of the two on December 7, 2020, a Division Bench of Justices M. Sathyanarayanan and R. Hemalatha said,

"It is very pertinent to point out at this juncture that 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."

The Court was hearing a petition filed by the Bar Council of Tamil Nadu against the retired High Court Judge for passing rape threats and sexually coloured remarks against wives of judges, women lawyers and female court staff. The Council had sought registration of FIR/ initiation of appropriate proceedings against such "unfortunate utterances".

In its previous order, the High Court had directed the Commissioner of Police, Chennai to monitor the investigation, under the supervision of Director General of Police. it was observed,

"It is very pertinent to point out at this juncture that under Section 149 of Cr.P.C., it is the duty of the police to prevent cognizable offences and therefore, it is not necessary on the part of the police to wait for the commission of the offences and prevention is always better than cure."

On Monday, when the matter was taken up for hearing, the Tamil Nadu Police filed its counter affidavit wherein it was disclosed that two rounds of interrogation have been conducted with the accused.

Referring to this counter affidavit, the Bar Council informed the Court that the former Judge had admitted to the commission of the alleged offence during the course of interrogation and yet, further steps were not taken to arrest him.

It was alleged that a second notice for appearance under Section 41-A CrPC was issued to the former Judge, whereas otherwise this provision is only "selectively resorted to".

The Council submitted,

"It is not in all cases that Section 41-A of CrPC is resorted to by the police and even in cases where the offences are punishable less than seven years, arrests are being made if it involve some political bigwigs and Section 41-A of CrPC is selectively resorted to.

Section 149 read with 151 of CrPC speak about police to prevent cognizable offences and arrest to prevent commission of cognizable offences and despite the admission made in paragraph No.9 of the counter affidavit by the 2 nd respondent that during interrogation, the two accused, viz., Mr.C.S.Karnan and Dr.M.Chandrasekaran, had admitted the commission of the offence, still further steps have not been resorted to by the Investigating Officer for the reasons best known to her."

In this backdrop, the Council submitted that the investigation so far carried out by the Investigating Officer is only an eyewash and in the light of the lackadaisical and disinterested attitude exhibited, a Special Investigation Team consisting of efficient officers be constituted, to oversee the investigation.

The matter will be taken up via physical hearing at 2.15 pm on December 7, 2020 to ascertain the progress of investigation.

In its order, the Division Bench also pulled up the Police authorities for their failure to comply with a single-Bench order passed in January 2020, for constitution of dedicated cells in every police station in the State to track unscrupulous offenders who post derogatory content on social media.

Madras HC Directs Police To Set Up Special Cells To Check Social Media Abuse

In this order, Justice M. Dhandapani had ordered that the special cells will be established within two months and the personnel deputed at such of those cells will be imparted with all crafts and knowledge, essential to track down the delinquent persons and to prevent untoward incidents from happening.

The Division bench observed,

"though the order came to be passed as early as on 29.01.2020 by directing the 1 st respondent herein to do the needful, not much hit headway appears to have been done."

The Council had approached the High Court against a viral video shared by one Dr. M. Dhanasekaran, Karnan has used indecent, obnoxious, un-parliamentary language, threats against the wives of the Judges of the High Court and Supreme Court, both serving and retired.

The objectionable video links were ordered to be blocked by a Division Bench ofthe High Court on November 10. Justices M Sathyanarayanan and R Hemalatha had observed therein:

"It is rather unfortunate to note that the ninth respondent (Karnan), who held an important constitutional post, has gone to such a level to repeatedly make scandalous, obscene, vituperative & unparliamentary remarks against former & sitting judges of SC & HC and their family members, especially women."

In the counter affidavit filed by the Tamil Nadu Police, it is stated that five witnesses have been examined in the matter and requisitions were sent to YouTube, asking them to delete the objectionable videos and block the hosting channels.

Further, relevant sections of the Information Technology Act, the Women Harassment Act and the Indecent Representation of Women Act have been invoked against Karnan, in addition to offences under the IPC

The Court was also informed that both Karnan and Dhanasekaran had appeared for interrogation on November 26 and had admitted to the commission of the offence. A notice was also served upon them under Section 41A, CrPC, asking them to appear for further interrogation on November 28. In the meanwhile, an assurance had been obtained that they shall not upload any further videos.

During the investigation, some abusive writings and documents were seized from an apartment belonging to Justice Karnan. The cell phone and sim card used to record and upload the offensive videos were also seized from Karnan's residence.

A search was also conducted at Dhanasekaran's house, where one computer CPU and posters of the Anti-Corruption Dynamic Party were seized. These were sent to the Tamil Nadu Forensic Sciences Laboratory through the Court for analysis.

In 2017, the Supreme Court had found Karnan guilty of contempt for making scandalous corruption allegations against its sitting and retired judges.

SC Finds Justice Karnan Guilty Of Contempt Of Court, Awards Six Months Jail Term

Case Title: Bar Council of Tamil Nadu and Puducherry v. DGP, Chennai & Ors.

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