JOIN USSC orders six-month jail for Justice Karnan
In a first of its kind order in Indian legal history, the Supreme Court on Tuesday sentenced a sitting high court judge to jail for contempt of court.
The apex court sentenced Justice Karnan to six months’ imprisonment, while issuing a stern message that it cannot “distinguish” between individuals and judges when it comes to compliance of its orders.
A seven-judge bench presided over by Chief Justice J S Khehar ordered the West Bengal DGP to forthwith arrest Justice Karnan for undergoing the sentence, the maximum under the Contempt of Courts Act.
The court also restrained the media from publishing statements or orders passed by Justice Karnan.
“Contempt is contempt, it has got no colour... We can’t distinguish between individuals. For us everyone is the same. We do not see this person as a judge and the other as something else. For us all are citizens of India. Just look at the orders he (Karnan) has passed against us, he has even sentenced us,” the bench said.
Senior advocate K K Venugopal, appearing for the Madras High Court, submitted that the apex court must let Justice Karnan retire before taking any action as it might invite the blemish of punishing a sitting judge.
The bench, also comprising Justices Dipak Misra, Ranjan Gogoi, J Chelameswar, Madan B Lokur, P C Ghose and Kurian Joseph, asked, “What about the blemish if we don’t punish him?” Additional Solicitor General Maninder Singh favoured punishing the defiant judge.
Article 142
The apex court used its powers under Article 142 (extraordinary jurisdiction) read with Article 129 (power of the Supreme Court to punish for contempt of itself) under the Constitution to pass the order.
The bench pointed out that Justice Karnan had defied the orders of the apex court repeatedly, and that he avoided medical examination by giving a letter stating that he was a sound person, meaning thereby he was fit to defend himself.
The apex court said that detailed reasons would be given in a supplementary judgement. This could be used by Justice Karnan to avoid arrest.
But in view of the clear direction to the West Bengal police chief, Justice Karnan, who is at present in Chennai, would find it difficult to save himself. The West Bengal Police can get in touch with the Chennai Police to secure his arrest.
As part of the procedure, Justice Karnan can still file a review petition under Article 137 of the Constitution, but it would again require reasons and grounds to seek reconsideration of the apex court’s order. He can plead for suspension of the sentence in view of non-availability of detailed reasons. Also, Justice Karnan can always tender an unqualified apology.