Contempt case: Sentenced to six months jail, Justice CS Karnan seeks recall of order

Two days after he was held guilty for the contempt of court by the Supreme Court, Calcutta High Court judge Justice CS Karnan on Thursday approached the apex court to overturn its order. 

The Supreme Court on Tuesday held Karnan guilty and sentenced him to six months imprisonment, an unprecedented order that came a day after the Calcutta High Court judge defiantly ordered eight apex court judges to be put behind bars.

The CJI Justice JS Khehar also asked Karnan's counsel Mathews J Nedumpara to show papers authorising him to represent the judge, and said he will consider them.

However, when CJI asked about the whereabouts of Justice Karnan, lawyer Nedumpara said that 12 advocates on record have refused to represent Justice Karnan, who is in Chennai.

A day ago, police team from Kolkata had arrived in Chennai to arrest him, but he was not found there.

Justice Karnan, on warpath with the Supreme Court for the last several months, would be the first sitting judge of a high court to be sent to jail. He was due to retire next month.

"We are of the unanimous view that Justice C S Karnan committed contempt of court, contempt of judiciary and the judicial process," a seven-judge constitution bench headed by Chief Justice J S Khehar said.

The bench, which also comprised senior-most judges, Justices Dipak Misra, J Chelameswar, Ranjan Gogoi, M B Lokur, P C Ghose and Kurian Joseph, said it was satisfied that Justice Karnan be sentenced for six months in jail.

The seven-judge constitution bench had initiated contempt of court proceedings against Justice Karnan after he repeatedly levelled allegations of corruption against Madras High Court chief justice and other judges.

On March 31, Justice Karnan had appeared in the Supreme Court in the contempt case, a first in Indian judicial history, and sought restoration of his powers as a precondition for his re-appearance, but the plea was rejected.

A belligerent Justice Karnan had told the court he would not appear before it again even if he was arrested and put in jail.

Justice Karnan was transferred from the Madras HC for his repeated allegations and run-ins with its chief justice and fellow judges. A recalcitrant Karnan had on February 15, 2016 stayed his transfer order, which was suspended by the Supreme Court. The apex court had earlier even asked the Chief Justice of the Madras High Court not to assign him any judicial work.

With agency inputs