SC refuses to suspend ex-judge Karnan’s sentence

New Delhi, June 21
A day after absconding former Calcutta High Court judge CS Karnan was arrested by the West Bengal Police from Coimbatore, the Supreme Court on Wednesday refused to suspend his six-month jail sentence for contempt of court.
Justice Karnan’s counsel Mathew J Nedumpara made an urgent appeal and requested the top court to suspend the six-month jail sentence and release him on bail.

However, a Vacation Bench of Justice DY Chandrachud and Justice Sanjay Kishan Kaul refused to give any relief to Karnan.
A seven-judge Bench headed by Chief Justice of India JS Khehar had on May 9 convicted Karnan of contempt of court and awarded six-month jail to him for scandalising the judiciary by levelling baseless allegations of corruption against judges.
Nedumpara wanted the sentence to be suspended on the ground that detailed order in the case was yet to come and Justice Karnan’s mercy petition was pending with the President.
“Just grant me bail please,” Nedumpara pleaded with the Vacation Bench.
However, Justice Chandrachud’s Bench declined to grant any relief saying, “A seven-judge Bench had passed the order. It binds everybody. It binds us also.”
Convicted of contempt of court, Karnan has earned many a dubious distinction. On June 12, he became first high court judge to retire while absconding. He was also the first sitting high court judge to face contempt proceedings and get convicted by the Supreme Court.
Justice Karnan’s whereabouts were not known for 42 days after the top court convicted him of contempt of court until he was nabbed on Tuesday from Coimbatore.
Born on June 12, 1955, Karnan was appointed as a judge of the Madras High Court in 2009 and was transferred to the Calcutta High Court in March 2016 after certain controversies involving him.
He retired at the age of 62 while on the run.
Absconding to avoid arrest and jail term, the controversial judge did not get the customary farewell organised by the local bar to give a warm send off to retiring judges.
On May 17, he had filed a mercy petition before President Pranab Mukherjee seeking suspension of his sentence.
Filed through Justice Karnan’s counsel Nedumpara under Article 72 of the Constitution, the petition alleged that he had been denied justice by “the highest court of the land”.
“The petitioner is denied justice. The concept of justice is divine; it is his birth right and when justice is denied to him by the highest court of the land, the only authority which the petitioner could think of to seek justice is your excellency, the President of India, the symbol of “We, the People of India”, the sovereign,” read the petition which still remains pending with the President.
The mercy petition alleged that the Supreme Court had assumed the power to remove a High Court judge through provisions of the Contempt of Courts Act without discussing if such jurisdiction was vested in it.