Supreme Court Registrar refused to list Justice C.S. Karnan’s plea for recall of the order awarding him 6 months imprisonment for contempt of court. The Registrar noticed that the proceedings before the 7-judge bench were decided on merits and after due consideration, it was held that Justice C S Karnan had committed contempt of the gravest nature resulting in finding of guilt and was sentenced to an imprisonment of six months. The said findings have since attained finality, hence, the present writ petition is not maintainable. The relief if any lies some where else.
In plea filed by his lawyer Mathews J Nedumpara, Justice Karnan said that under the constitutional scheme, High Courts are not subordinate to the Supreme Court; High Courts are as much independent as the Supreme Court is, though their orders could be judicially challenged in the Supreme Court, the latter being a Court of Appeal and hence, he could not be held guilty of contempt of court. He 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.
After Supreme Court’s refusal to hear the plea, his lawyers had claimed that a representation has been made to the President seeking suspension of the Supreme Court order sentencing him to six months imprisonment for contempt of court under Article 72 of the Constitution. However, the President’s office said that it was not aware of any such representation.