New Delhi: Holding it as not maintainable, the Supreme Court has refused to register a writ petition filed by Justice C.S.Karnan of the Calcutta High Court, to recall the May 9 order sentencing him to six months imprisonment for contempt of court. As a result, Justice Karnan has no other option but to surrender to suffer the sentence as his plea to the President of India for mercy is unlikely to be considered in the next few days.
An order passed by the Registrar (Judicial) on May 12 said the petitioner Justice Karnan has sought a declaration that the contempt notice issued on February 8 and culminating in the order to sentence him for six months is unconstitutional, null and void and to stay these proceedings.
It is thus manifestly clear from the averments made in the petition that the petitioner intends to challenge the judicial order passed by the apex court on May 9 by seven judges.
The Assistant Registrar communciated this order to Justice Karnan’s counsel Nedumpara Mathews on May 15.
The order said “the proceedings were decided on merits and after due consideration it was held that Justice Karnan had committed of the gravest nature, resulting in finding of guilt. As a sequel, the petitioner also stands convicted and sentenced to an imprisonment for six months. The said findings have since attained finality.”
He said it was well settled that judicial proceedings of the apex court are not amenable to challenge under Article 32 of the Constitution. He said “I am constrained to hold that the writ petition is not maintainable. The relief if any lies somewhere else. I thus see no reasonable cause to receive the present writ petition for registration.”