SC holds Justice Karnan guilty of contempt, sentences him to 6 month jail

In a first of its kind order in Indian legal history, the Supreme Court on Monday held sitting Calcutta HC judge guilty of contempt of court and ordered him to undergo six month jail term. A seven-judge bench presided over by Chief Justice J S Khehar ordered West Bengal DGP to forthwith arrest Karnan. The court also restrained media from publishing statement or orders passed by Justice Karnan.

"Contempt is contempt...it has got no colour...we can't distinguish between individuals," the bench said, as senior advocate K K Venugopal, appearing for the Madras HC, submitted that let Justice Karnan get retired before taking any action. Justice Karnan was transferred from Madras to Calcutta HC. He had then stayed the SC Collegium's order to transfer him.

The apex court' order was passed on Tuesday under Article 142 (extra ordinary jurisdiction) read with Article 129 (power of the SC to punish for  contempt of itself) the Constitution.  The proceedings against Justice Karnan saw many firsts. As it was the first time that a sitting judge faced contempt proceedings. It was again first time, the top court issued bailable warrants against him.

In its order, the bench noted that Justice Karnan had defied the apex court's orders repeatedly. He was given the maximum punishment in the Contempt of Courts Act. He had on Monday went on to pass orders awarding the seven judges of the apex court to five year jail term for violation of the SC/ST Act.

The apex court had earlier directed for medical examination of Justice Karnan to ascertain if he was fit to defend himself in the contempt proceedings initiated against him. The judge has been “expressing disrespect” to the apex court even since contempt notice issued to him on February 8. Justice Karnan had failed to appear before the top court to respond to the suo motu contempt proceedings initiated against him.

The court then had given him one more opportunity to respond to the notice issued on February 8. “In case he does not choose to file a response on or before 8.5.2017, it shall be presumed, that he has nothing to say in the matter,” the bench had said. Justice Karnan has consistently remained billigerant and defiant. He had called the seven judges as “corrupt." He has been issuing directions and hold press conferences against the apex court judges after writing scurrilous letter to the Prime Minister.