Seeking Recall of Conviction Order, Justice Karnan Moves Supreme Court

by Ben Pena May 13, 2017, 0:51
Seeking Recall of Conviction Order, Justice Karnan Moves Supreme Court

The plea on behalf of the judge was mentioned before the bench which had just concluded the day's hearing on the issue of triple talaq.

Justice Karnan's lawyer told the apex court that he wanted to tender an unconditional apology, but the apex court registry was not accepting his application.

However, before the pronouncement of the apex court order, Justice Karnan had left Kolkata and was reported to be staying in Chennai.

The bench, comprising senior-most judges, Justices Dipak Misra, J Chelameswar, Ranjan Gogoi, M B Lokur, P C Ghose and Kurian Joseph, had said it was satisfied that Justice Karnan be sentenced for six months in jail adding that the contempt power does not recognise who is what, whether he is a judge an individual or a private person. But a lawyer who reached the Supreme Court to file a petition to seek recall of his six-month jail term on Thursday said he was in Chennai.

The lawyer, Mathew J. Nadumpara, told chief justice J.S. Khehar that he had approached a large number of lawyers (advocates-on-record) to file the petition "but they all refused as they are very afraid of you" (SC bench).

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It was a landmark ruling, as it is for the first time ever that a sitting High Court judge has been sentenced.

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.

Justice Karnan earlier on Monday sentenced the Chief Justice of India and six other apex court judges to five-year rigorous imprisonment after holding them guilty under the SC/ST Atrocities Act-1989 and amended Act of 2015.

The apex court has ordered the Director General of West Bengal Police to set up a team to implement its arrest order "forthwith".

As the Supreme Court is now on summer recess, it is quite unlikely that the seven-judge bench, which had sentenced Justice Karnan, would assemble to hear his plea for suspension of his sentence. He also allegedly wrote about Supreme Court judges in his letters to the Prime Minister's Office (PMO).


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