New Delhi: The Supreme Court on Friday refused to consider the plea of Justice C.S. Karnan of the Calcutta High Court, now said to be in Chennai, to stay his arrest following conviction for six months imprisonment for contempt of court. Advocate Mathews Nedumapara, made a “mention” again on Friday before a Bench headed by Chief Justice J.S. Khehar that Justice Karnan is facing arrest and that the May 9 order be suspended till the petition to recall the order is heard.
Counsel said the Contempt of Courts Act provides for tendering an apology which may be considered by the court.
The CJI told the counsel “seven judges have taken a conscious decision (to send him to jail). We have permitted you (on Thursday) to file the petition. Whatever you want to file, you file in the Registry. We will not accept across the table.”
In his petition Justice Karnan said that the entire proceeding from February 8, when contempt notice was issued at the hands of the CJI in constituting the Seven-Judge Bench finally culminating in his conviction and sentence, is without jurisdiction. He said from a mere reading of the provisions of Contempt of Courts Act, it is manifest that what could constitute a criminal contempt is any “publication” which scandalizes, or tends to scandalise, or lowers or tends to lower the authority of, any Court.
