However, the advocate said, "I am addressing the CJI only" and added that the plea related to suspension of sentence of Justice Karnan.
A Mumbai-based advocate Mathews J Nedumpara mentioned Justice Karnan's application before the Chief Justice of India JS Khehar and said he had to directly mention it since no Advocate on Record (AoR) was willing to file the application for the contemnor judge.
Justice Karnan said the allegations contained in the said letter are against the Judges named therein and not against any court - neither the high court of Madras nor the Supreme Court. "Please accept the application and hear it urgently", Nedumpara said.Aware that Justice Karnan was not arrested and jailed as per the May 9 order, the CJI asked Nedumpara how the judge signed the petition for filing in SC when he was not available to police?Nedumpara said he had gone to Chennai. Finally, Chief Justice Khehar told Mr. Nedumpara that "you have mentioned it. we will see", before rising for the day.
However, before the pronouncement of the order, Justice Karnan left Kolkata and was reported to be staying in Chennai.
Justice Karnan, who is on warpath with the Supreme Court for last several months, is the first sitting judge of a High Court to be sentenced.
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The plea for the stay of the sentence till the review plea is decided can only be considered by the seven judge bench of Chief Justice Khehar, Justice Dipak Misra, Justice J. Chelameswar, Justice Ranjan Gogoi, Justice Madan B. Lokur, Justice Pinaki Chandra Ghose and Justice Kurian Joseph which passed the order. He was due to retire next month.
Mr Nedumpara, who undertook to face the court, had faced a contempt notice himself two months ago.
The court by its May 9 order had directed the Director General of West Bengal Police to constitute teams for the execution of its order forthwith.
Justice Karnan yesterday sought relief from the apex court in the contempt of court matter.
Justice Karnan earlier on May 2 directed the court's registrar to issue non-bailable warrant against these seven Supreme Court judges.
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