Karnan moves Supreme Court seeking recall of arrest order

Following a mention made by advocate Mathews J Nedumpara in this regard before a five-judge bench headed by Chief Justice JS Khehar on Thursday, the bench agreed to consider. 

However, when the CJI asked about Justice Karnan’s whereabouts, the advocate said, “He is very much in Chennai.” Also, when asked as to whether he has been authorised to represent Justice Karnan, the advocate showed the notorised papers of authorisation for filing the plea on his behalf. 

The plea which sought to recall the May 9 order of the seven-judge bench, sentencing Karnan to jail, a day after he ordered eight SC judges to be put behind bars, contended that SC judgements have held that the right of at least one appeal is an essential ingredient of right to life enshrined in Article 21. Therefore, the jurisdiction to invoke section 15 of the Contempt of Courts Act ought to be construed as one vested in the HC so that its order could be taken in appeal to SC. 

“At any rate, where the SC invokes its jurisdiction under Section 15, if such jurisdiction is invested with it, then a mechanism for an intra-court appeal has to be brought into existence as there is no forum of appeal against the May 9 order,” the plea said. 

The plea also contended that the allegations in the letter to the Prime Minister about certain corrupt practices by some judges, are against the judges and not against any court-neither the Madras HC nor SC. “If the said allegations are untrue, they would at the most amount to defamation, which would entail an actionable right, both civil and criminal, by the judges named in the said letter,” the plea said.