In an unprecedented order, the Supreme Court today held controversial Calcutta High Court judge Justice C S Karnan guilty of contempt of court and sentenced him to jail for six months, ordering the West Bengal DGP to take him into custody forthwith.
Justice Karnan, who is set to retire on June 11, will be the first sitting judge of High Court, to be sent to jail by the apex court on charges of contempt, as the top court judges were of the unanimous view that he can be sent to prison.
"We are of the unanimous view that Justice C S Karnan committed contempt of court, contempt of judiciary and the judicial process," a seven-judge constitution bench headed by Chief Justice J S Khehar said.
The bench, which also comprised senior-most judges, Justices Dipak Misra, J Chelameswar, Ranjan Gogoi, M B Lokur, P C Ghose and Kurian Joseph, said it was satisfied that Justice Karnan be sentenced for six months in jail.
"The sentence shall be executed and West Bengal Director General of Police should take him (Justice Karnan) into custody forthwith," the bench said.
Justice Ghose, who is retiring on May 27, observed that Justice Karnan needed to be punished for contempt of court, irrespective of he being a judge as "he is citizen of India".
The bench also said that "the contempt power does not recognise who is what, whether he is a judge and individual or a private person, and that it is simple contempt".
During the hearing, the bench was of the view that there was no question about the visit of the medical board to examine him.
"We are assured that he is fit and fine and the medical board does not contradict it," the bench said, adding that Justice Karnan can be punished as he has himself declared that he was of sound mind and the medical board has not contradicted it.
The apex court also banned the media, both print and electronic, from publishing the contents of further orders passed by Justice Karnan, as also the statements made by him.
Taking note of his purported judicial orders passed despite being stripped off judicial work which were published by the media, the apex court said, "We are of the view that no further statements made by him (Justice Karnan) shall be published".
At the outset of the hearing, senior advocate Rakesh Dwivedi, appearing for West Bengal, said in compliance of apex court's earlier direction, a medical board along with the DGP and police personnel had gone to Justice Karnan's place but he had given a letter saying he was fit and of a sound mind.
Dwivedi read out the letter to the bench.
Additional Solicitor General Maninder Singh told the bench that Justice Karnan knows what he is doing and he needs to be punished for contempt of court as he has passed several orders against the judges of the apex court.
Senior advocate K K Venugopal, appearing for the Registrar General of Madras High Court, said that if Justice Karnan is sent to jail, it would create a blemish of a sitting judge being sent to jail for contempt.
He also sought a clarification whether the apex court can wait for his retirement till June 11 to implement the order of his sentence.
The bench expressed its disagreement with the idea saying "If we do not send him to jail, there will be a blemish that the Supreme Court has condoned the contempt committed by a judge."
Senior advocate R S Suri, appearing for Supreme Court Bar Association (SCBA), also favoured punishment for Justice Karnan for contempt of apex court.
The bench then said there was no question about the visit of medical board to examine Karnan.
"We are assured that he is fit and fine and the medical board does not contradict it," the bench said.
The ASG said Karnan had passed an order yesterday that he was not in contempt of court. "Some action should be taken against him so that an appropriate message is sent," he said.
The apex court had on May 1 directed the medical check-up of Justice Karnan by doctors with police support, but the judge did not appear before it.
The judge had on May 4 declined to undergo a mental health check-up, telling a team of doctors that he was "absolutely normal" and had a "stable mind".
The apex court had on March 10 issued a bailable warrant against Justice Karnan to ensure his presence before it in the contempt case. The warrant had come almost a month after the court had asked Justice Karnan to appear in person and explain why contempt proceedings not be initiated against him.
On March 31, Justice Karnan had appeared in the Supreme Court, a first in Indian judicial history, and sought restoration of his powers as a condition for his re- appearance, but the plea was rejected.
He had also said he would not appear before it again even if he was arrested and put in jail.
Justice Karnan was transferred from the Madras HC to the Calcutta HC for his conduct. A recalcitrant Karnan had on February 15, 2016 stayed his transfer order. The apex court even asked the Chief Justice of the Madras High Court not to assign any judicial work to him.
The same day the apex court had suspended his order. The Supreme Court also made it clear that all administrative and judicial orders passed by him after the issuance of the order of his transfer shall remain stayed.
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