HC dismisses justice Karnan’s plea challenging contempt of court

The former high court judge has been at the eye of a judicial storm over his allegations of being targeted based on his caste.

The Delhi high court on Wednesday dismissed former Calcutta high court judge CS Karnan’s petition challenging the constitutional validity of the Contempt of Courts Act.

Former Calcutta high court judge CS Karnan was arrested from Coimbatore in June, more than a month after the Supreme Court sentenced him for contempt of court. (PTI File Photo)

“The challenge to the constitutionality of the Contempt of Courts Act in the present case does not lie in as much as the Supreme Court has not exercised power under the Contempt of Courts Act but invoked its inherent jurisdiction under Article 129 of the Constitution of India,” the high court said.

The high court also rejected the submission made on behalf of justice Karnan that the principles of natural justice were not followed in awarding him the jail term of six months.

The high court noted that, “The proceedings conducted before the Supreme Court would show that the petitioner was given ample opportunity to file his defence before the court but he chose not to do so.”

“He was given repeated and adequate opportunity to present his defence. The petitioner’s communications, orders and conduct establish that he had full knowledge of the orders of the court, proceedings as well as the material against him,” the high court said.

“The submission that principles of natural justice were not complied with is clearly not borne out from the record,” it added.

Karnan had sought a declaration from the high court that the apex court’s May 9 sentencing order and further proceedings under it were “unconstitutional and void” as the principles of natural justice were allegedly not followed.