The Supreme Court Registry has refused to accept the application filed by Calcutta High Court judge Justice CS Karnan for recalling the order by which he was sentenced to six months imprisonment for committing contempt of Supreme Court.
The order passed on May 9 by a seven-judge bench headed by Chief Justice JS Khehar directed the Director General of Police, Kolkata to arrest the judge and execute the punishment on the judge. Although Justice Karnan is yet to be arrested, he filed a recall application along with a writ petition through his lawyer Mathews J Nedumpara challenging the Contempt of Courts Act and the order pronouncing him guilty under the said Act. On May 12, both the application and petition were rejected by the Registry which said that his relief was elsewhere and not before the Supreme Court.
The SC Registrar in a short order said, "…after due consideration, it was held that Justice CS Karnan had committed contempt of the gravest nature resulting in finding of guilt. As a sequel the petitioner also stands convicted and sentenced to an imprisonment of six months. The said findings have since attained finality." The Registry further stated that a petition is not maintainable against a judicial proceeding and "relief if any lies some where else."
Justice Karnan had sought recall of the May 9 order on the ground that his allegations of corruption against 20 High Court judges would at the most amount to defamation. Further, he complained of not being heard or presented with the charges of contempt, before being punished for contempt.
Earlier, Nedumpara had mentioned the application before CJI when the hearing on triple talaq was on. The CJI had then advised the lawyer to approach the Registry. The next move by Justice Karnan will be keenly awaited. He has claimed to have sent a representation to the President of India for reprieve. IN addition, his lawyers have advised him to approach the Delhi High Court with a writ petition as powers under Article 226 are wider than the writ jurisdiction of the Supreme Court under Article 32.