New Delhi: Calcutta high court Judge Justice C.S. Karnan, evading arrest, was on Monday warned by the Supreme Court for sending his lawyer repeatedly to seek urgent hearing on his plea against the award of six month jail term, even warning that he could be thrown out of the court.
The apex court came down heavily against his lawyer Mathews J. Nedumpara, who was told that he can be asked to be “thrown out” of the court for making it a habit to mention the matter “over and over again”.
“We are saying no and yet you (lawyer) continue to come again and again. You come five times or 20 times. But we are telling you that you are interfering with the process of the court. Everyday you are interfering with the process of court.
“We are liberal to you. It is for you to understand, we can be liberal and harsh,” a five-judge Constitution bench headed by Chief Justice J.S. Khahar, which was hearing a batch of pleas on “triple talaq”, said.
Advocate Nedumapara also said Justice Karnan was willing to tender an unconditional apology. “Justice Karnan has been sent to jail without even giving him an opportunity and without the sanctity of Parliament which alone can remove him,” the counsel said.
Meanwhile, Justice Karnan has shot off letters to the President, the Prime Minister and others against his six-month jail term awarded by the apex court.
The CJI, on May 12, had said that a “conscious decision” was taken by seven judges to sentence Justice Karnan to six months imprisonment by holding him guilty of contempt.
In his petition, Justice Karnan said that the entire proceeding from February 8, when contempt notice was issued at the hands of the CJI in constituting the Seven-Judge Bench finally culminating in his conviction and sentence, is without jurisdiction. He said from a mere reading of the provisions of Contempt of Courts Act, it is manifest that what could constitute a criminal contempt is any “publication” which scandalises, or tends to scandalise, or lowers or tends to lower the authority of, any Court.
Justice Karnan said the allegations contained in the said letter are against the Judges named therein and not against any Court – neither the High Court of Madras nor the Supreme Court. If the said allegations are untrue, they would at the most amount to defamation which will entail an actionable right, both civil and criminal, in the Judges named in the said letter. The May 9 order sending him to jail for six months was passed in his absence, he pointed out and sought a declaration that the contempt notice issued on February 8 is void and to recall the order and as an interim measure stay of all proceedings pursuant to the notice.
