– S Kumarasamy
SC is final not because it is infallible. It is infallible only because it is final. SC should accept that it can also commit errors.
As Justice Karnan is a HC Judge, he can be removed only through impeachment which is possible only with the procedure prescribed in the Constitution. Impeachment is also not an easy process. Only after careful scrutiny of Collegiums of HC and SC, Justice Karnan was appointed as HC Judge. Now the SC itself employs punitive measures against a Judge who is its own choice. The SC refuses to heed to the suggestions of giving another chance or wait for his retirement.
This is not the occasion to evaluate the actions of Justice Karnan. It is the harsh approach of SC which is to be criticised now. SC cannot escape the shadow of suspicion as to whether it showed its prowess and might just because Justice Karnan is a dalit. The gag order issued by the SC for media in this issue sets dangerous precedent in a democracy. Not giving an opportunity to express one’s views and denying freedom of expression will only embolden powers that be.
SC has acted in haste; it might repent at leisure.