New Delhi: The Supreme Court on Monday refused to hear the plea of Justice C.S.Karnan of the Calcutta High Court, now said to be in Chennai, for early listing of his petition to recall the May 9 order sentencing him to six months imprisonment for contempt of court.
Advocate Mathews Nedumapara, appearing for Justice Karnan made a 'mention’ again today before a Bench headed by Chief Justice J.S. Khehar and said Justice Karnan was willing to tender an unconditional apology. Counsel said “Justice Karnan has been sent to jail without even giving him an opportunity and without the sanctity of Parliament which alone can remove him.”
The CJI told the counsel, “we have already made it clear to you that the matter will be listed if the Registry clears it. Don’t do it every day, don’t do it again, otherwise you will be thrown out of this court. Don’t make these statements here, go and tell the Press.”
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.
Justice Karnan said the allegations contained in the said letter are against the Judges named therein and not against any Court – neither the High Court of Madras nor the Supreme Court. If the said allegations are untrue, they would at the most amount to defamation which will entail an actionable right, both civil and criminal, in the Judges named in the said letter.
The May 9 order sending him to jail for six months was passed in his absence, he pointed out and sought a declaration that the contempt notice issued on February 8 is void and to recall the order and as an interim measure stay of all proceedings pursuant to the notice.
