The Bench stated that they did not find any reference to circumstances, which led to incarceration of Justice Karnan, who had been a judge of Madras High Court and was then transferred to HC at Calcutta. At the time of arrest, he was no longer a judge of any High Court.
The Madras High Court has rejected the PIL filed for a direction to President’s Office in New Delhi to consider immediate release of Justice CS Karnan, who is serving jail term in Presidency Prison situated in Kolkata.
Supreme Court had convicted Justice Karnan on May 9, 2017 when he was a judge of Calcutta HC, under Contempt of Courts Act, 1971, and sentenced him to six- month imprisonment. He retired from the service on June 9 and was thus arrested on June 20,2017.
Managing Director of Dr Ambedkar Educational Foundation, New Delhi, AP Gowthama Sidharthan had filed the PIL, claiming that Justice Karnan, a Dalit, had been victimised and was not meted out social injustice.
Madras HC Bench of Chief Justice Indira Banerjee and Justice R Hemalatha rejected the plea on Monday.
Respondents in PIL were Secretaries of Office of President of India, Department of Law and Justice, and Secretaries-General of National Commission for the Human Rights and the Scheduled Castes and Secretary of Union Ministry of Social Justice and Empowerment which are located in New Delhi.
Sixth Respondent was Superintendent, Presidency Jail which is situated in Kolkata.
Thus the HC Bench concluded that,”No case has arisen within jurisdiction of Madras High Court. Hence, PIL is not maintainable and is dismissed”.
Source - ptinews.com