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Lakshmi Subramanian
Lakshmi Subramanian

Contempt of court

Justice Karnan evades arrest, SC registry refuses to accept his apology

justice-karnan (File photo) Justice C.S. Karnan

Calcutta High Court Judge C.S. Karnan, who was sentenced to six months in jail by the Supreme Court on contempt charges, seems to be evading arrest. The Kolkata police team, which arrived in Chennai on Tuesday, is still on the lookout for Justice Karnan. The belligerent judge is not at his home at Nungambakkam in Chennai. Even his family members are not to be seen at his residence. A police vehicle with a silent siren is waiting outside his house, indicating that that the judge might be arrested anytime soon.

In a related development, advocate Mathew Nedumpara, who appeared for Justice Karnan in the Supreme Court again on Friday, said, “There is a provision for contemner to apologise even after the order of punishment.” Chief Justice of India J.S. Khehar had asked the registry to accept the petition filed by Nedumpara on behalf of Justice Karnan, seeking relief from arrest. The registry, however, had not accepted the plea, following which Nedumpara sought permission from the CJI to file another plea saying “the registry not accepting it.”

The CJI observed that “everytime one can’t come and file a case in the courtroom, instead it should be filed at the registry.” Nedumpara replied saying, “The registry is still not accepting the plea and Justice Karnan might be arrested anytime.” However, Nedumpara appearing on behalf of Justice Karnana again seemed to have annoyed the CJI who said, “Seven judges heard the matter and passed the order. If anything to be filed, the procedure will have to be followed.”

However, sources close to Justice Karnan in Chennai said he might seek apology once when there is a positives sign. Sources also said he is evading arrest and might have left the country and would return only when the President of India gives him an appointment to seek Presidential pardon.

The 61-year old justice had earned the wrath of the Apex Court after he named 20 judges of the Madras High Court as ‘corrupt judges’ and demanded an investigation into his corruption charges against them.

The Supreme Court, in the wake of a letter from the Madras High Court Chief Justice S.K. Kaul, transferred Justice Karnan to Calcutta High Court, which he said was a decision only to victimise him because he was a dalit. The allegations of Justice Karnan had prompted a contempt action—the first in Indian court’s history against a sitting judge.

Countering the order of a seven-judge bench headed by CJI Khehar to file an affidavit explaining his remarks and allegations against fellow judges, Justice Karnan accused the seven-judge bench of robbing him of his mental and physical balance. He also accused the bench of depriving him of his dignity and stripping him of his judicial powers. Following this, the SC ordered a medical examination of the judge to check his mental balance which he refused to undergo.

He then ordered five years rigorous imprisonment for all the seven judges including the CJI, thus inviting the wrath of the apex court. And now, the Kolkatta police is still on the lookout for Karnan in Chennai.  

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