Latest laws Helping good people to do good things.May,20,2017:
Constitution gives President the power to pardon any Sentence awarded by a Court.
Lawyers representing the Calcutta HC judge C S Karnan have claimed that a representation has been made to the President Pranab Mukherjee seeking suspension of Apex Court order sentencing him to 6 months imprisonment for contempt of court.
The President’s office said that “It wasn’t aware of any such representation.”
The lawyers said a representation/memorandum under the Article 72 of the Indian Constitution was sent through an e-mail on behalf of Justice Karnan seeking “suspension or stay of his sentence of 6 months imposed on him” by a 7-judge bench headed by CJI JS Khehar.
Article 72 of our Constitution states that the President shall have the power to grant pardons, reprieves, respites, remissions of punishment or to suspend, remit, commute the sentence of any person convicted of any offence.
Karnan’s lawyers had earlier claimed that the judge had written letters to the President, Prime Minister & others against his jail term.
Justice Karnan has also moved a petition in the Supreme Court seeking recall of the 9th May order but has been denied urgent hearing by the Chief Justice of India.
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19.5.2017 – Supreme Court refuses to hear Justice C S Karnan’s plea for recalling 6 months Jail order
14.5.2017 – Justice CS Karnan’s Lawyer to SC: ‘My client want to tender an unconditional apology’
11.5.2017 – Justice Karnan seeks relief from SC, CJI JS Khehar to consider his plea
10.5.2017 – Supreme Court orders immediate arrest & Six months Jail to Justice CS Karnan for Contempt of Court
14.4.2017 – Justice Karnan looses his mind, summons CJI Khehar and 6 other SC Justices to his ‘Home Court’
31.3.2017 – Justice Karnan shouts and challenges Supreme Court Bench: ‘Arrest and put me in Jail’
16.3.2017 – Justice C S Karnan served with SC issued Bailable Arrest Warrant by WB Director General of Police
9.3.2017 – Now Justice Karnan threatens to prosecute Supreme Court Judges for issuing Contempt Notice to him
9.2.2017 – Seven Judge Bench of SC strips High Court Justice of all his Judicial and Administrative Powers
8.2.2017 – Top Seven SC Judges join to initiate Contempt proceedings against a sitting High Court Judge
I was the first to write to the President’s office on 10 May and 13 May with copies to Vice President, Lok Sabha Speaker, Law Minister, Law Secretary, Cabinet Secretary, CVC, etc. I sent copies to Adv. Mathews Nedumpara and others of that. I had also given a ready draft of the order to the President. Now if the President’s office says it is not aware, then it means, Dr. Pranab Mukherjee is more busy on getting the second term as President, which he does NOT deserve. I am reproducing my letter of 13 May here.
From: Dr. Leo Rebello Sent: Saturday, May 13, 2017 6:55 PM To: President of India; VP of India – Hamid Ansari; [email protected]; [email protected]; Cabinet Secretary to Government of India; CVC Cc: PS to PRESIDENT OF INDIA; Omita Paul; [email protected]; [email protected]; Subject: PRESIDENTIAL PROCLAMATION – drafted by Dr. Leo Rebello, and sent to the President of India for immediate consideration with 2 Published Comments, Enclosed.
To Dr. Pranab Mukherjee, The President of India, Rashtrapati Bhavan, New Delhi
Dear Sir : Please refer to my Petition dated 10th May and article dated 23rd January 2017, reproduced below for ready reference, and Kindly Issue the following Speaking Order with due diligence forthwith, for pure fountain of justice to prevail. Perfect Draft of Proclamation is enclosed for consideration.
Thanks in advance and with kind regards and best wishes for your health, Yours faithfully, Dr. Leo Rebello
* World Peace Envoy, since 2004. * President of the Litigants Welfare Forum, since 1990. * Founder of All India Letter Writers Association, formed in 1980 [Limca Book Award Winner]. * Human Rights Activist, since 1975. * Author of 52 books. Presently working on ‘Justice Derailed’. * Delivered over 15,000 Lectures in 65 countries. Address: 28/552 Samata Nagar, Kandivali East, Mumbai 400101. Tel. No. 91-22-28872741.
Email: [email protected] Website: http://www.healthwisdom.org
PRESIDENTIAL PROCLAMATION
Vide Petition received from Dr. Leo Rebello, eminent Citizen of India, on 10th May, and after consulting the Cabinet and legal luminaries, I, Dr. Pranab Mukherjee, the President of India, am pleased to issue this Order for implementation with immediate effect to maintain the dignity of law of the land which has been seriously breached due to excessive misuse leading to Derailment of Justice.
Therefore, under the power vested in me under Article 72(1) of the Constitution – Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases, I order as under :-
(a) That, the excessive order passed by the CJI+6 Judges of the Supreme Court of India on 9th May, being Null and Void on several grounds is set aside.
(b) That, Justice C.S.Karnan is allowed to resume his duties as the Hon’ble Judge of the Kolkata High Court with immediate effect with no gap in service.
(c) That, the Union Law and Justice Ministry is also issued instructions to elevate Justice C.S.Karnan to the SCI before 12th June 2017, to balance the present uneven Bench consisting of higher caste judges with no adequate representation to SC/ST, with or without the the consent of the Collegium.
(d) That, this extraordinary notification is issued under my seal and signature because of extraordinary situation created by the Seven Judge Bench, according to satis et satis principle.
(e) That, if the 7 Judges are not happy with this decision, they may resign.
(f) That, otherwise my Govt may also consider doing away with the anti-constitutional Collegium System which has usurped more powers than the Constitution has given them and/or impeach them. In that case, all charges will be tabulated and presented to the Parliament. For no one is above law.
This extraordinary Presidential Proclamation is issued on 13th May 2017 and notified in the Gazette of India.