Justice Karnan becomes first sitting High Court judge to be sent to jail

The SC ordered that Justice CS Karnan be taken into custody immediately

In an unprecedented order, the Supreme Court yesterday held controversial Calcutta High Court judge CS Karnan guilty of contempt of court and sentenced him to jail for six months, ordering that he be taken into custody forthwith.

A seven-judge constitution bench, headed by Chief Justice JS Khehar, said "We are of the unanimous view that Justice CS Karnan committed contempt of court, contempt of judiciary and the process."

This is the first time that a sitting high court judge is being sent to jail by the Supreme Court on charges of contempt.

The bench, which also comprised Justices Dipak Misra, J Chelameswar, Ranjan Gogoi, MB Lokur, PC Ghose and Kurian Joseph, said it was satisfied that Justice Karnan be sentenced for six months in jail. "The sentence shall be executed and he be taken into custody forthwith," the bench said.

The bench also banned the media, both print and electronic, from publishing the contents of further orders passed by Justice Karnan.

At the outset of the hearing, senior advocate Rakesh Dwivedi, appearing for West Bengal, said in compliance with the apex court's earlier direction, a medical board along with the DGP and police personnel had gone to Justice Karnan's place but he gave a letter saying he was fit and of a sound mind.

ASG Maninder Singh told the bench that Justice Karnan knows what he is doing and he needs to be punished for contempt of court as he has passed several orders against the judges of the apex court.

Senior advocate KK Venugopal, appearing for Registrar General of Madras High Court, said that if Justice Karnan is sent to jail, it would create a blemish of a sitting judge being sent to jail for contempt.

The bench said the contempt power does not recognise who is what, whether he is a judge and individual or a private person and that it is simple contempt. It said Justice Karnan can be punished as he has himself declared that he was of sound mind and the medical board has not contradicted it.

Justice Karnan had on Monday 'sentenced' CJI Khehar and seven other SC judges to five years of rigorous imprisonment. The apex court had on May 1 directed a medical check-up of Justice Karnan , as the judge did not appear before it. The judge had on May 4 declined to undergo the check-up.

Quick recall

• Jan 23: Justice Karnan writes open letter to the PM, levelling allegations of corruption against 20 judges
• Feb 8: SC charges him with contempt, restrains him from exercising administrative and judicial power, asks him for explanation. Justice Karnan ignores orders
• March 10: SC issues bailable warrant against him; he alleges he's being singled out for being a Dalit
• March 31: He appears before court in connection with the contempt proceeding
• A series of tit-for-tat orders between him and apex court follows
• May 1: SC orders his mental health check-up
• May 4: Justice Karnan refuses to undergo the test
• May 8: He sentences CJI Khehar and seven other SC judges to five years of rigorous imprisonment

ExpertSpeak
VN Khare, Former CJI
'Justice Karnan deserved the punishment. He is not in the correct mind frame'

SN Dhingra, Retired Delhi HC judge
'Justice Karnan did not leave any other option with the Supreme Court, which did the right thing. This will send a good message to society'

Soli Sorabjee, Former Attorney General
'It is disgusting that he (Justice Karnan) played the Dalit card'