Justice Karnan files mercy petition before President

Satya Prakash

Tribune News Service

New Delhi, May 17

Having been convicted of contempt of court and sentenced to a six-month jail term, controversial Calcutta High Court Judge CS Karnan on Wednesday filed a mercy petition before President Pranab Mukherjee seeking suspension of his sentence.

Filed through Justice Karnan’s counsel Mathews J Nedumpara under Article 72 of the Constitution, the petition alleged that he had been denied justice by “the highest court of the land”.

“Yes, we have filed a mercy petition,” Nedumpara told The Tribune.

“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 is your excellency, the President of India,” the petition read.

The mercy petition comes after his counsel’s repeated failed attempts to get urgent hearing of his petition seeking recall of the May 9 order convicting and sentencing him to a six-month jail term for contempt of court.

The 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.

“The petitioner’s case is no longer the case of an individual who has been convicted and sentenced to imprisonment without a charge-sheet, without a trial, without even a judgment, but by a sentence where a reasoned judgment is yet to be delivered, but one concerning the very right of freedom of speech and expression, transparency and accountability in higher judiciary,” Justice Karnan submitted in his mercy petition.

The petition also mentioned that over 30 advocates on record approached for filing of Justice Karnan’s petition in the Supreme Court refused to come forward as they were “scared of displeasing the Honourable CJI”.

In an unprecedented order, the Supreme Court had on May 9 convicted Justice Karnan of contempt of court and sentenced him to six-month imprisonment “forthwith”.

It had directed the West Bengal Director General of Police to execute the order “forthwith”. But the judge has gone underground. 

“I am ready to tender unconditional apology. I have nowhere to go. Please hear my case,” Nedumpara had told the CJI on May 15.

“If you want media coverage, go and tell the press. But don’t interrupt the proceedings,” the CJI had told Justice Karnan’s lawyer who made several failed attempts to seek urgent hearing.

The CJI had told the lawyer that Justice Karnan’s plea would be taken up in due course.