The Calcutta High Court has held back a part of the pension, and other financial benefits, of retired High Court judge Justice C.S. Karnan for not vacating his official flat in Rosedale Garden of Kolkata's New Town.
The order prompted the maverick former judge of Madras and Calcutta High Court to reply that he would not vacate the house, but would instead prefer to buy the property or pay rent on a monthly basis. The judge also said that if there was a delay in his retirement benefits, the interest should be drawn from the pocket of the chief justice of Calcutta High Court, who held back the money with an "administrative order".
Justice Karnan was convicted for contempt of Supreme Court while serving as a judge of the High Court, and was imprisoned for six months after being on the run for more than a month. He retired while on the flight. He was released in December, but continued to stay in the ground floor flat of the Rosedale Garden Towers in the posh Rajarhat-New Town area of Kolkata, that was allotted to him while he was a judge in the High Court.
The registrar general of Calcutta High Court had sent a letter to Justice Karnan on September 11 through which he was informed about the order passed by Chief Justice Jyotirmay Bhattacharya. The registrar general quoted the chief justice saying, "No payment will be released until the flat in occupation of Justice Karnan is vacated and possession thereof is given to the landlord/housing department." Karnan received the letter two days back and has already replied to the registrar general.
The government of West Bengal had earlier asked Karnan to vacate the apartment, which the retired judge refused to do saying he was ready to buy the flat if the owner would like to sell it or was ready to pay monthly rent, whichever was agreeable for the owner of the property.
In fact, a few months back, Karnan wrote to the Union law ministry and president of India stating that he was not getting his full pension and other benefits like gratuity and retirement benefits. The law ministry replied to Karnan saying that the ministry had already cleared all the dues and that the files were pending with the Calcutta High Court for further clearance.
Karnan then wrote to the registrar general in August seeking an explanation about the delay in granting his financial dues and pointed out that the payments bore interests because of the delay. "The delayed pension amount would carry admissible interest and the same shall be paid by My Lord Chief Justice from no other source except from the pocket of the chief justice," he wrote in his letter to the registrar general.
In this letter, in possession of THE WEEK, Karnan also wrote, "My Lord's administrative order is not sustainable. Besides, the administrative order runs against the earlier administrative order of the ministry of law and justice."
He further wrote, "The pension benefit is my legal and lawful earnings. So no one can withhold my pension benefit, as opined by constitutional law and all law courts of India." Karnan also said that his medical and LTC bills are long pending and uncleared as of now. "Therefore I request you to sanction the same," he requested to the chief justice of Calcutta High Court.
On the issue of vacating the flat he wrote, "The question of vacating the flat as suggested by My Lord Chief Justice is an entire different issue, as no such interference can be raised in the settlement of my pension benefits.” Calling the matter as between him and the owner of the property, Karnan said he would be ready "to buy the entire property as the owner had wished to sell it to a third party".
