Sparring ex-Calcutta HC judge Karnan arrested but loophole could set him free

Retired Calcutta High Court Judge CS Karnan, who has been at loggerheads with Supreme Court judges, has been arrested in the Tamil Nadu city of Coimbatore.

But a lacuna in the Supreme Court’s handling of the case could result in the suspension of the six months’ jail term, News18 says.

The West Bengal police, who had taken him into custody on Tuesday, are likely to bring him to Kolkata on Wednesday, the TV channel said.

Earlier, the Supreme Court had ordered his arrest for his defamatory remarks against the top court's collegial system.

On June 12, Justice Karnan became the first sitting High Court judge to retire in absentia after he eluded the Supreme Court arrest order, which had sentenced him to six months in jail for contempt for court.

The order was passed by no less than seven senior-most judges of the top court and Director General of Police, West Bengal, had been ordered to ensure that the judge is made to serve the sentence.

But the order was flawed and a loophole might enable Karnan to escape punishment, News18 said.

The order dictated by Chief Justice of India JS Khehar said detailed reasons as to why Kanan was being handed down the maximum sentence under the Contempt of Court Act would be given later by a supplementary judgment.

The grounds and the reasons are yet to be spelled out by the apex court.

This inadequacy in the court order could be the last ray of hope for Justice Karnan. He has a right under Article 137 of the Constitution to seek a review of the judgment.

Article 137 empowers the Supreme Court to reconsider and modify its own orders. This provision can be used to get relief.

As on date, Justice Karnan does not know the grounds of his conviction and hence he cannot file a review petition. He would, therefore, do well to move an application before the Supreme Court, citing this lacuna.

He could press for suspension of his sentence, contending that he would not be in a position to a file review a petition until the seven judge-bench releases the detailed order with grounds and reasons for his arrest and conviction.

Justice Karnan can assert his right to seek a review of the order and may state that he cannot be sent to jail without being given the reasons.