First in history of judiciary: SC sends sitting HC judge to prison

The Supreme Court on Tuesday sentenced Calcutta High Court judge Justice C.S. Karnan to six months in jail while holding him guilty of contempt. It was a landmark ruling as it is for the first time ever that a sitting High Court judge has been sent to prison. The Supreme Court has ordered the immediate arrest of Karnan. The seven-judge Bench of the apex court headed by Chief justice of India Jagdish Singh Khehar was hearing the contempt petition against Karnan.

Justice Karnan earlier on Monday sentenced Chief Justice of India J.S. Khehar and six other SC judges to five-year rigorous imprisonment after holding them guilty under the SC/ST Atrocities Act of 1989.

Along with the CJI, six judges — Justice Dipak Misra, Justice J. Chelameswar, Justice Ranjan Gogoi, Justice Madan B. Lokur, Justice Pinaki Chandra Ghose and Justice Kurian Joseph — had initiated suo motu contempt proceedings against Justice Karnan in February after he had named 20 “corrupt judges”, seeking a probe against them. Justice Karnan had alleged this was done because he is a Dalit.

Earlier, on May 1, in response to the apex court ordering an examination of his “mental health”, Justice Karnan asserted that he would issue a suo moto suspension order against West Bengal Director-General of Police (DGP) if he forcefully conducted a medical check-up.

The apex court had constituted a medical board to examine the mental condition of Justice Karnan on May 5 and also directed the DG West Bengal to assist the medical board to get Justice Karnan examined.

The Supreme Court said in its order that High Courts, any tribunal and authority would not take any cognizance on the orders passed by Justice Karnan.