The Supreme Court on Tuesday held Justice C S Karnan guilty of contempt and sentenced him to six months imprisonment, an unprecedented order that came a day after the Calcutta High Court judge defiantly ordered eight apex court judges to be put behind bars.
Justice Karnan, on warpath with the Supreme Court for the last several months, would be the first sitting judge of a high court to be sent to jail. He was due to retire next month.
"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 an individual or a private person, and that it is simple contempt".
Justice Karnan, who was divested of his judicial and administrative powers following his tussle with the Supreme Court, had yesterday "sentenced" CJI Khehar and seven other apex court judges to five years imprisonment after he "found them guilty" under the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities Act, 1989) and the amended Act of 2015.
The seven-judge constitution bench had initiated contempt of court proceedings against Justice Karnan after he repeatedly levelled allegations of corruption against Madras High Court chief justice and other judges.
While pronouncing him guilty of contempt and sentencing him, the court cited Justice Karnan's claim made before a medical team which was sent to examine his mental condition that he was "absolutely normal" and had a "stable mind".
"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 knew what he was doing and he needed to be punished for contempt of court as he had passed several orders against the judges of the apex court.
Senior advocate K K Venugopal, appearing for the Registrar General of the Madras High Court, however, contended sending Karnan to jail would amount to "blemish" on the judiciary.
He also wanted to know if the Supreme Court could wait for his retirement on June 11 for the sentence to be carried out.
Voicing disagreement, the bench said,"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.
Referring to Justice Karnan's order sentencing the CJI and other Supreme Court judges in which he claimed he was not in contempt of court, the ASG said, "Some action should be taken against him so that an appropriate message is sent."
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 in the contempt case, a first in Indian judicial history, and sought restoration of his powers as a precondition for his re-appearance, but the plea was rejected.
A belligerent Justice Karnan had told the court he would not appear before it again even if he was arrested and put in jail.
Justice Karnan was transferred from the Madras HC for his repeated allegations and run-ins with its chief justice and fellow judges. A recalcitrant Karnan had on February 15, 2016 stayed his transfer order, which was suspended by the Supreme Court. The apex court had earlier even asked the Chief Justice of the Madras High Court not to assign him any judicial work.
Justice Karnan