In an unprecedented move, the Supreme Court on Tuesday held a sitting High Court judge, Justice CS Karnan, in contempt and sentenced him to six months in jail.
Justice Karnan, who is set to retire on June 11, will likely spend his last month as a judge in jail, and five more months thereafter.
The almost five-month long drama concluded Tuesday when a seven-judge Constitution bench comprising the seniormost judges of the apex court held that Justice Karnan should be penalised for his actions. "We are of the unanimous view that Justice Karnan is in contempt of this court and of judiciary and judicial process of grievous nature. We are satisfied in punishing him for contempt of court."
"We sentence him to imprisonment for six months. The sentence shall be extended forthwith," the bench led by the Chief Justice of India JS Khehar ruled.
However, senior advocate KK Venugopal cautioned the bench against this move and asked them to reconsider punishing a sitting judge of a High Court. Venugopal reiterated that Justice Karnan should be allowed to retire quietly next month. The senior advocate also said jailing a sitting Justice would be a blemish on the history of the judiciary.
The bench responded by saying that the court could not make such distinctions when punishing for contempt and it would be a blemish if they did not take action.
"Before us, there is no judge or private party or public party. He is a citizen of India, if he is guilty he should be punished," said the bench.
The apex court directed the West Bengal police to take Justice Karnan into custody. It has also prohibited the media from airing or publishing any statements given out by Justice Karnan.
The Bengal police, however, were unable to take Justice Karnan in custody as he had apparently left Kolkata for Chennai on Monday night.
Justice Karnan, it seems, took the Chennai flight hours after he sentenced eight SC judges to five years rigorous imprisonment and fined them Rs 1 lakh each.
Days after refusing to undergo a mental health examination -- as ordered by the SC -- the combative judge passed the order against the seven judges on the Constitution bench in his case. The bench includes Chief Justice of India JS Khehar and Justices Dipak Misra, J Chelameshwar, Ranjan Gogoi, Madan B Lokur, Pinaki Chandra Ghose, and Kurian Joseph.
Justice R Banumathi, the eighth judge has been sentenced and fined by Karnan as well.
Despite the fact that the top court has withdrawn Justice Karnan's judicial and administrative responsibilities, the contentious Calcutta High Court judge passed the suo motu 12-page order from his residence at New Town, Kolkata.
On May 4, Justice Karnan had refused to be examined by the team of doctors who had visited his residence to execute the top court's order of carrying out a medical test to examine his mental condition.
The drama surrounding Justice Karnan was set in motion when in January he penned a letter to the Prime Minister's office alleging corruption against several high court and apex court judges. On February 8, in a historic move, the apex court passed a contempt order against Justice Karnan.
Ruling questioned
Senior advocate KK Venugopal cautioned the bench against the move and asked them to reconsider punishing a sitting judge of a HC.
Venugopal said the move would be a blemish on the history of the judiciary.
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 "CS Karnan")
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