Justice Karnan Not Evading Arrest: His Lawyer Nedumpara Writes To DGP, West Bengal

In a letter addressed to the Director General & Inspector General of Police, West Bengal, Advocate Mathews J. Nedumpara has assured the former that Justice Karnan is not attempting to evade arrest, and informed him of his intentions to challenge the validity of the Contempt of Court Act, 1971 under Article 32 of the Constitution of India, as well as place an application of recall of the orders against him.

The letter refers to a telephonic conversation between the DGP and Justice Karnan’s Counsel, wherein the DGP was informed of the SC order being “without jurisdiction in gross violation of principles of natural justice and in violation of very provisions of the contempt of court Act, 1971 and the Constitution of India as well.”

He was further apprised of the fact that the Petition was mentioned before the Chief Justice of India in open Court on 11 May, 2017, but was not listed for hearing for 15 May, as demanded. Mr. Nedumpara therefore intended to mention the matter at 10:30 am on Monday before the Chief Justice of India in open Court.

“From the above it is crystal clear that everything possible and is required to protect the legal and constitutional rights of my client are done, with all expedition. As a citizen and a sitting judge of the Hon'ble High Court of Calcutta, he is entitled to the protection of the Constitution of India and law of the land, which include impugning the order dated 09/05/2017, in execution thereof the Calcutta police is seeking to arrest him. Justice C.S. Karnan as a law abiding responsible citizen will surrender himself in case his efforts to secure the legal/constitutional protection do not succeed. Nothing could be a greater misconception than to assume that he is evading arrest, which he is not. I will keep you abreast of the developments and your good self may feel free to contact me at any time in the given number,” the letter thereafter states.

Advocate Nedumpara had earlier on Saturday issued a press release, and had rubbished media reports claiming that he sought to tender an unconditional apology on behalf of Justice Karnan before the Supreme Court. This was in aftermath of an order passed on May 9, wherein the 7 Judge SC Bench had sentenced Justice Karnan to 6 months in jail after finding him guilty of contempt of Court.

You may read: A Peep into Justice Karnan’s Contempt Saga – I by Namit Saxena

Read the Letter here.

MATHEWS J. NEDUMPARA
Senior Partner
NEDUMPARA & NEDUMPARA
Law Firm

304, Hari Chambers, 3rd Floor, 58/64 SBS Marg, Near Old Customs House, Fort, Mumbai-400 023.
Tel:022-22626432; 022-22626634/0484-2983142; Mob: +91 9820535428,
E-mail: nedumpara2004@yahoo.com, mathewsjnedumpara@gmail.com

To

Director General & Inspector General of Police, West Bengal,
Director General of Police Office,
West Bengal Police Directorate,
Nabanna,
325, Sarat Chatterjee Road,
Howrah,
West Bengal - 711 102.

Respected sir,

Sub: Order of the Hon'ble Supreme Court of India dated 09/05/2017 in SUO MOTU CONTEMPT PETITION(C) NO.1/2017, in execution thereof the Calcutta police is seeking to arrest Justice C.S.Karnan.
Ref: The tele-con dated 14/05/2017 between the undersigned and your good self.

1. I invite your attention to the telephonic discussion we had short while before. Though I explained the position of my client, Justice C.S.Karnan, it is only appropriate to reduce to writing the crux of what I discussed and the plea which I made. Justice C.S.Karnan was convicted and sentenced to undergo an imprisonment of 6 months by a seven judge bench of the Hon'ble Supreme Court of India. The order was uploaded in the web of the Hon'ble Supreme Court of India on 10th of May. Then only my client could realize that no reasoned judgment has been passed. It was only mere order of conviction and sentence, whereas the detailed order to be delivered later. Since the said order is without jurisdiction, in gross violation of principles of natural justice and in violation of very provisions of the contempt of court Act, 1971 and the Constitution of India as well, it was decided to file a substantive writ petition challenging the validity of the Contempt of Court Act, 1971 under Article 32 of the Constitution of India, so too his application for the recall of the order. The said petitions were prepared with utmost expedition and were tendered to the Hon'ble Chief Justice of India in the open court on 11thMay,2017.

2. The registry of the Hon'ble Supreme Court of India numbered the writ petition as WP(Crl.) (D) No.15420/2017. Since there are a number of procedural issue, which are not necessary to be elaborated, the matter has been mentioned twice to ensure that the case is listed on 15th of May,2017. It could be possible, only if appropriate benches are constituted and the matter was taken up to the Ld.Registrar General as such. However, the said petition at the hands of Justice C.S.Karnan has not been listed for hearing on 15/05/2017. Therefore it has become imperative for me to mention the matter at 10:30 AM, tomorrow before the Hon'ble Chief Justice of India in the open Court. Accordingly I am now boarding a flight from Cochin to Delhi.

3. From the above it is crystal clear that everything possible and is required to protect the legal and constitutional rights of my client are done, with all expedition. As a citizen and a sitting judge of the Hon'ble High Court of Calcutta, he is entitled to the protection of the Constitution of India and law of the land, which include impugning the order dated 09/05/2017, in execution thereof the Calcutta police is seeking to arrest him. Justice C.S.Karnan as a law abiding responsible citizen will surrender himself in case his efforts to secure the legal/constitutional protection do not succeed. Nothing could be a greater misconception than to assume that he is evading arrest, which he is not. I will keep you abreast of the developments and your good self may feel free to contact me at any time in the given number.
With kind regards,
Yours sincerely,

Ernakulam,
14/05/2017
(Mathews J.Nedumpara)
Advocate for Justice C.S.Karnan