What can Justice Karnan do to avoid his 6 month sentence?
The Supreme Court on Tuesday ordered that Justice C S Karnan be sentenced to six months imprisonment on contempt charges. The Director General of Police, West Bengal has been ordered to ensure that the sentence is served.
What are the options now before Justice Karnan to avoid serving the sentence? His best option would be to go approach the Supreme Court itself and seek suspension of the sentence. An application invoking Article 147 of the Constitution could be filed seeking review.
Justice Karnan could immediately move an application stating that he does not know about the reasons behind his conviction. The SC has not yet passed a detailed order. Justice Karnan also does not know about the grounds for his conviction.
This is a lacunae he could cite while moving the application. He could state that he cannot file a review in the absence of the Supreme Court not giving out the grounds and exact reasons for the sentence.
The SC had in its order said that Justice Karnan is first a citizen and then a judge. He could tell the Bench that he is seeking recourse as any citizen would do. He could then seek a suspension of the sentence on the ground that the detailed order and the grounds for his sentencing are not available as yet.