New Delhi: Justice C.S. Karnan, Judge of the Calcutta High Court retired on Monday even as the sentence of six months imprisonment slapped on him by the Supreme Court on May 9 for contempt of court is yet to be executed by the West Bengal police.
The conviction and sentence will continue to remain in force till it is executed by the Police or the order is modified by the apex court.
His plea to recall the order has already been rejected as the Registry passed an order that the writ petition against apex court order is not maintainable.
If he is arrested in the next few days, he will have the only consolation of not being arrested in office and the ignominy of a sitting judge sent to jail.
Meanwhile Justice Karnan has submitted a mercy petition to the President, Pranab Mukherjee for suspension of the sentence and it is pending consideration.
On May 9 when the apex court held him guilty of contempt of court, the seven-judge bench clearly stated in the order that it will give a detailed judgment as to why and the grounds on which Justice Karnan is found guilty for contempt.
But this detailed order is yet to be pronounced by seven-judges. Justice Pinaki Chandra Ghose who was one of the seven judges retired on May 27 and for passing a detailed order the Bench has to be re-constituted and the matter heard afresh. As the apex court’s order is pending execution, it is not clear whether Justice Karnan will get his superannuation benefits and pension or it will be subject to the final judgment of the apex court.
