NEW DELHI: Calcutta High Court judge Justice CS Karnan on Thursday moved the apex court seeking suspension of the six-month sentence awarded to him for contempt of court and stated that he was not under any disciplinary jurisdiction of either the Chief Justice of India or the Bench of seven judges constituted by the CJI.
However, Justice Karnan’s whereabouts are yet to be known. Karnan’s counsel Mathew Nadumpara mentioned the petition before the Constitution Bench at the fag end of the proceedings of the Triple Talaq issue. The Bench headed by Chief Justice JS Khehar, said they would consider it.
When Nadumpara mentioned the petition, CJI Khehar asked: “Who are you?”
At this, counsel presented the authorisation, and said it had been notorised in Chennai. Nedumpara also said 12 advocates on record had refused to represent Justice Karnan. This prompted the CJI to ask about Karnan’s whereabouts, to which Nadumpara replied that, “He is in Chennai.” CJI then said, “We will consider.”
Karnan’s plea stated: “The petitioner, a judge of the High Court of Calcutta, is not under any disciplinary jurisdiction of either the CJI or the Bench of seven judges constituted by the CJI, as in the instant case.”
In its plea, Justice Karnan said that the Contempt of Courts Act was a cathartic jurisprudence which belonged to the Dark Ages, the era of inquisition and torture, distinct from the classical Roman Law which constitutes the foundation of the modern jurisprudence.
He has also sought a stay on all further proceedings pursuant to the May 9 order holding him guilty of contempt of court and awarding six months jail term.
The seven-judge bench of apex court had on May 9 passed the order sentencing Karnan to jail by holding him guilty of contempt of court and ordering the West Bengal police to take him into custody. The police is still looking for him.