Twenty days have passed since a seven-judge Constitution Bench of the Supreme Court on May 9 directed the Director-General of Police, West Bengal, to execute “forthwith” its order sentencing Calcutta High Court judge C.S. Karnan to six-month imprisonment for contempt of court.
There is no information about the whereabouts of Justice Karnan except a vague submission that he was in Chennai, made by counsel Mathews Nedumpara, who told the Supreme Court some time ago that he represented Justice Karnan.
“The sentence of six months imposed by this Court on Sri Justice C.S. Karnan, shall be executed forthwith, by the Director-General of Police, West Bengal, or through a team constituted by him,” the Supreme Court Bench, led by Chief Justice of India J.S. Khehar, ordered.
The short order observed that the Bench was of the “considered view” that, on merits, Justice Karnan had “committed contempt of the judiciary”.
“His actions constitute contempt of this court and of the judiciary of the gravest nature. Having found him guilty of committing contempt, we convict him accordingly. We are satisfied to punish him by sentencing him to imprisonment for six months,” the order said.
A few days later, the Supreme Court Registry dismissed a writ petition filed by Justice Karnan, through Mr. Nedumpara.
The petition had claimed that the contempt proceedings held against Justice Karnan were a violation of the principles of natural justice.
Question of jurisdiction
The petition had contended that the Bench had no jurisdiction over a sitting High Court judge. However, the Registry concluded that the Constitution Bench’s “findings have attained finality”.
The Supreme Court Bench is yet to give a detailed judgment with reasons for finding Justice Karnan guilty of contempt.
The May 9 order said that a detailed judgment would follow. But one of the judges on the seven-member Bench, Justice P.C. Ghose, retired on May 27. Any further orders from the court in the case can be given only after a Bench assembles after the vacation in July.
