The review petition of J C.S.Karnan.

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
REVIEW PETITION (CIVIL) NO. _____ OF 2017
IN
SUO MOTU CONMT.PET.(C)NO.1 OF 2017
(D) No. _________/2017
(Seeking review of the judgments dated 09/05/2017 & 04/07/2017 passed by this Hon’ble Court in SUO MOTU CONMT.PET.(C) NO.1 OF 2017)

Justice C.S. Karnan ………..Review Petitioner
IN THE MATTER OF:
Supreme Court of India
on its own motion … Suo Moto
Versus
Justice C.S. Karnan … Original  Alleged Contemnor/Respondent WITH
IA.NO. OF 2017
Application seeking Bail
WITH
IA.NO. OF 2017
Application seeking exemption from annexing certified copy of the impugned order/judgment
WITH
IA.NO. OF 2017
Application seeking open court hearing
of the Review Petition
AND
P A P E R – B O O K
[FOR INDEX KINDLY SEE INSIDE]

DRAWN AND FILED BY

(MATHEWS J.NEDUMPARA)
&
(A.C.PHILIP)
Advocates for the Petitioner
mathewsjnedumpara@gmail.com
(Mobile: 98205 35428)





RECORD OF PROCEEDINGS

SL.NO. DATE OF RECORD OF PROCEEDINGS   PAGE(S)

1. ORDER DATED
2. ORDER DATED
3. ORDER DATED
4. ORDER DATED
5. ORDER DATED
6. ORDER DATED
7. ORDER DATED
8. ORDER DATED
9. ORDER DATED
10. ORDER DATED
11. ORDER DATED
12. ORDER DATED
13. ORDER DATED
14. ORDER DATED
15. ORDER DATED
16. ORDER DATED
17. ORDER DATED
18. ORDER DATED
19. ORDER DATED





IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
REVIEW PETITION (CIVIL) NO. _____ OF 2017
IN
SUO MOTU CONMT.PET.(C)NO.1 OF 2017
((Seeking review of the judgments dated 09/05/2017 & 04/07/2017 passed by this Hon’ble Court in SUO MOTU CONMT.PET.(C) NO.1 OF 2017)


1. Justice C.S.Karnan
aged about 61 years,
S/o.Mr.Swaminathan,
Residing at:
1/GB, Rosedale Towers,
New Town,
Kolkotta,

Presently undergoing
imprisonment at
Presidency Jail, Kolkotta …REVIEW PETITIONER

IN THE MATTER OF:
Supreme Court of India
on its own motion … Suo Moto
Versus
Justice C.S. Karnan … Original  Alleged Contemnor/Respondent

1.       The Hon'ble, Supreme Court of India,
represented by
The Registrar General of Supreme Court of India,
Supreme Court of India,
TilakMarg,
New Delhi-110 201,
India. … Respondent/  Suo Moto

2.
3.


PETITION UNDER ARTICLE 137/145 OF THE CONSTITUTION OF INDIA SEEKING REVIEW OF THE JUDGMENT AND ORDER DATED 09/05/2017 & 04/07/2017 PASSED BY THIS HON’BLE COURT IN SUO MOTU CONTEMPT.PET.(C) NO.1 OF 2017.

To

THE HON’BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUSTICES OF THE
HON’BLE SUPREME COURT OF INDIA

HUMBLE PETITION OF PETITIONER ABOVENAMED

MOST RESPECTFULLY SHEWETH



1. There could be no parallel in the judicial history of any nation to the injustice meted out to the petitioner in the name of upholding the majesty and dignity of the institution of judiciary. The Review Petitioner, though would not ever claim to have never erred or being infallible, he could assert with clean conscience that as a judge and a citizen he had only one thing in mind, one dream, a judiciary which is independent, impartial, which is accountable to the people, for the people and isdrawn from the diverse sections of the society. The petitioner found that in the selection and appointment of judges, the concept of men and women of impeccable character, erudition, impartiality, independence and due representation of diverse sections of the society, particularly of the underprivileged class, from humble economic background and other paramount considerations are not observed. This has meant the higher judiciary representing the elite sections of the society to the deprivation of equally deserving members of the less fortunate in economic and other senses. The petitioner, accordingly, in response to his inner conscience ventured to raise the said issues in the public domain. The petitioner also found some of his own brother judges failing to live upto the higher standards of probity in public life which is expected of them. Deeply pained and hurt, the petitioner thought it  his bounden duty to address the constitutional authority,  though, ordinarily, no judge in his place could have ventured so. To put it pithily, the petitioner happened to address the Hon’ble the Prime Minister of India, the Chief Justice of India, so too other constitutional functionaries, many an injustices and corrupt practices. The allegations of corruption and malpractices the petitioner has leveled against his brother judges meant the petitioner to be isolated and a great amount of disaffection if not anger and hostility leveled towards him. The petitioner is afraid to say that his bonafide and genuine concern was taken otherwise which added  fuel to the fire resulting in the Hon’ble the Chief Justice of India constituting a bench taking suo moto institution of criminal contempt of court proceedings against the petitioner, though the title was civil. The bench accordingly ordered notice to the petitioner and the very same day of  issuance  of notice to the petitioner, it divested the petitioner of all his judicial and administrative functions. The said order meant the petitioner to be removed from office which the President of India alone could, that too on a motion of impeachment, which has received the   rd majority of both home of the parliament, present and voting; that too on proved misconduct, in terms of the Judges Inquiries Act, do. With much respect, it is a universal principle that, only the appointing authority can remove a person from any seat of authority or appointment, and allowing the peers to remove any person will surely lead to chaos in any institutional framework which is run by rule of law.
2. The petitioner appeared on 31st of March, 2017 in response to the notice issued to him and so too sought recall of the order by which his judicial and administrative powers were removed, pointing out that no such jurisdiction is invested in the Supreme Court. The Petitioner even offered an apology for any indiscretion on his part, for to err is human. However his pleas were not acceded to. The said case was adjourned to 01/05/2017, on which date this court was pleased to order for the medical examination of the petitioner to ascertain whether the petitioner is in a fit medical condition to defend himself in the ongoing proceedings and adjourned the case to 09/05/2017.

3. On 09/05/2017, this court found the petitioner to be guilty of contempt of court of greatest nature and sentenced him for imprisonment for six months. In the brief order which was dictated in the open, sentencing the petitioner for imprisonment, it was made clear that a detailed order will be passed in due course.

4.
5. The petitioner on coming to know that he was sentenced without a judgment, without a trial, without charges being framed, without a hearing, without a lawyer to defend him, that too in his absence, instituted an application for the recall of the order. The said  application seeking recall of the order dated 9th May, 2017; so too suspension/stay thereof, pointing out that the said order is one rendered void ab initio, for want of jurisdiction and against the principle of nemo judex in sua causa or nemo debet esse judex in propria causa - no one can be judge in his own cause.  It was pleaded that the Petitioner was not told what exactly is the charge against him; what was the legal provision under which he is charged; what are the allegations constituting the charge; what is the material and evidence on which the allegations are founded; what is the punishment likely to be imposed on him, not to speak of not affording him an opportunity to contradict the evidence, if any, against him.  In the said application and the Writ Petition the Petitioner further pleaded that even assuming that the Act is constitutional, then also the elementary principles of criminal jurisprudence founded on the principles of natural justice, like, presumption of innocence, burden of proof is on the prosecution, that nobody shall be compelled to be a witness against himself, that an accused is entitled to be defended by a counsel, that there could be no sentence without a judgment, that it cannot be that a reasoned judgment can follow after the conviction but, on the contrary, there can be no sentence without there in existence a reasoned judgment etc., ought to be observed. A copy of the application for the recall of the order dated 09/05/2017 is produced herein [without annexure therein] and marked as Annexure- ‘A1’( From Pages___to ___).    For completion of facts, it may be added that the petitioner also filed a substantive petition under Article 32 of the constitution of India, challenging the constitutional validity of the Contempt of Court Act, 1971. The Petitioner instituted the said  Writ Petition under Article 32 of the Constitution seeking a declaration that the entire proceeding at the hands of the Seven-Judge Bench of the Supreme Court culminating in the order dated 9th May, 2017 is unconstitutional and void because it amounted to usurpation of the jurisdiction of the Parliament to remove him from office; akin to re-enactment of the manner in which the power of appointment of Judges to the higher judiciary, which the Founding Fathers of the Constitution had vested in the executive, was usurped by the judiciary by reviving the collegiums system by recourse to judicial legislation.   Another ground taken in the said writ petition was that the right to appeal where conviction is by Supreme Court of India, to a larger bench of the Supreme Court, nay, intra court appeal is an essential ingredient of Right to life and liberty. The brief order dated 9th May, 2017 was dictated in the open Court citing, the need for a subsequent detailed order, which was not pronounced on that day.  The brief order was uploaded on the website of the Supreme Court late in the night of the same day.  The counsel for the Petitioner, who was in Cochin, Kerala, booked the first flight to Chennai, discussed the case with the Petitioner, prepared the Writ Petition and the application to recall the order dated 9th May, 2017 and sought to institute them in the Supreme Court on 11th May, 2017.  Registration of cases in the Supreme Court, to an extent, is computerized.  There are only two provisions for registration of cases in terms of the software in vogue, namely, (a) through an Advocate on Record (AOR) and (b) by Party in Person.  The counsel for the Petitioner; so too his associate Shri A.C. Philip, approached not less than 30 AORs.  However, none of them was forthcoming to be an AOR on behalf of the Petitioner.  With much respect, many of them confided the counsel for the Petitioner, that they are scared of displeasing the Hon'ble CJI; that AORs and the senior counsel practicing in the Supreme Court, unlike the ordinary lawyers who appear in the High Courts and subordinate Courts, do not enjoy the kind of freedom and independence which lawyers as a class, the sentinels of civil liberties and freedoms, ought to enjoy and profess to enjoy.  With much respect, they were too frank to admit that orders of the Supreme Court are extremely discretionary; that more than 80% of the petitions filed under Articles 136 and 32 of the Constitution, which constitute 95% of the work of the supreme Court, are absolutely discretionary and no AOR or a senior counsel could afford to invite the slightest of displeasure of the Hon'ble Judges.

6. Faced with the aforesaid scenario, the counsel for the Petitioner, tendered the Petitioner’s Writ Petition and the application to recall the order dated 9th May, 2017 in the open Court before the Hon'ble CJI at 4.00 p.m. on 11th May, 2017.  On being submitted that the AORs whom the counsel for the Petitioner, had approached have refused to act as an AOR for the Petitioner, the Hon'ble CJI was gracious enough to accept the Writ Petition and the application to recall the order dated 9th May, 2017, which were tendered across the Bar.  The counsel for the Petitioner, realized that through oversight what he tendered across the Bar on 11th May, 2017 was a copy of the Writ Petition and not the original, though the application seeking recall of the order dated 9th May, 2017 was original, which was perused by the Hon'ble CJI, and directed the Registry to accept the original of the Writ Petition.  However, the Registry refused to accept the same, whereupon the counsel for the Petitioner, approached the Registrar General, who too refused to accept the same.  Accordingly, the counsel for the Petitioner, mentioned the matter before the Hon'ble CJI who directed him to deliver the same to the Registrar.  Since the said direction remained to be communicated, the Registrar refused to accept the Writ Petition which compelled the counsel for the Petitioner, to mention the matter once again at 2.00 p.m.  The Hon'ble CJI showed his displeasure on the matter being mentioned for the third time and directed the counsel for the Petitioner, to present the petition in the Registry, which accepted the same readily upon instructions being received from the Court Associate of the Hon'ble CJI.

7. The registry, however, declined to register both the said applications, namely, application for recall, so too, substantive writ petition. The petitioner accordingly instituted chamber appeals by Motion No. (L)46230/2017 & (L) 43130/2017 in challenge of the said orders of the registrar. The copies of the said chamber appeals by Motion No. (L)46230/2017 & (L) 43130/2017 in challenge of the said orders of the registrar is enclosed herein and marked as Annexure- ‘A2’( From Pages___to ___) and Annexure- ‘A3’( From Pages___to ___), respectively.   
8. One of the grounds taken by the registrar in declining the application for recall of the orders in the said contempt of court proceedings, particularly of 09/05/2017 was that the petitioner had addressed a letter to the Registrar General of the High Court of Calcutta, against his counsel Shri. Mathews J. Nedumpara. The allegation was that Shri. Mathews J.Nedumpara had brought an order already prepared by him to be signed by the petitioner seeking issuance of notice on a writ petition seeking registration of an FIR based on the suicide note of Shri.(Late)Kalikho Pul. Former Chief Minister of Arunachal Pradesh. Shri(Late) Kalikho Pul in his note had implicated son of the Chief Justice of India and certain prominent lawyers so too members of the bench as having sought for illegal gratification. In no loss of time, the petitioner instituted a chamber appeal, in challenge of the aforesaid order of the Ld. Registrar, so toowithdrawing the allegation which he has made against his counsel as wholly unfounded, the every word of his letter dated 14th March, 2017, addressed to the Registrar General of the High Court of Calcutta. The petitioner happened to address the said letter under a gross misunderstanding, so too being mislead. The petitioner sought the forgiveness of his counsel, Shri. Mathews J.Nedumpara for having made such an untenable an allegation against him. In the body of the said application and the affidavit, both, the petitioner retracted his allegations. He regretted that his relationship between his lawyer being a fiduciary one of utmost trust and confidence, his letter not only meant outrageous absurdity but also to be a baseless vilification of his own lawyer. A copy of the said chamber appeal along with affidavit has already been produced herein and marked as Annexure- A2(From Pages___to ___).
9. The Petitioner took the aforesaid order and the orders directing him to be subjected to medical examination and issuing a bailable warrant against him as one without jurisdiction and in violation of law and thus a nullity, incapable of commanding observance.  The Petitioner also found the said orders as trenching into the jurisdiction of the Parliament, which is too naked and manifest and as clear as daylight, and as violation of Articles 124 and 217 of the Constitution.  Therefore, the Petitioner, as per his interpretation of the law, did not appear before the Seven-Judge Bench on 01st May, 2017 to which date the case stood adjourned.

10. On 9th May, 2017, the Court, as it appears from the order of even date, heard “Mr. Rakesh Dwivedi, learned senior counsel representing the State of West Bengal, with reference to the medical examination of Sri Justice C.S. Karnan, as also, Mr. Maninder Singh, learned Additional Solicitor General of India, Mr. K.K.Venugopal, learned senior counsel representing the Registrar General, High Court of Judicature at Madras, and Mr. Rupinder Singh Suri, Senior Advocate, in his capacity as the President of the Supreme Court Bar Association, and, with much respect, without any discussion whatsoever at all on the merits of the case or what was argued by them, came to the conclusion that the Petitioner “has committed contempt of the judiciary. His actions constitute contempt of this Court, and of the judiciary of the gravest nature. Having found him guilty of committing contempt, we convict him accordingly. We are satisfied to punish him by sentencing him to imprisonment for six months. As a consequence, the contemnor shall not perform any administrative or judicial functions. Detailed order to follow.” 
11.   As is manifest from the order dated 9th May, 2017, the Supreme Court has barred the Petitioner from performing any of his administrative or judicial function, which has meant his removal from the office of the Judge of the High Court, which a power is not invested in the Supreme Court at all.
12. When the instant petitioner appeared before the Supreme Court on 31stMatch,2017 upon notice, he brought to the notice of the Hon'ble Court that divesting him of his judicial and administrative powers amounts to removing him from his office, which is in the exclusive domain of the President of India upon a motion of impeachment which has received the assent of the Parliament; that the Supreme Court has no jurisdiction to impeach him, which its orders have meant, which, to repeat, is in the exclusive domain of the Parliament, for, Parliament includes the President.  On 9th May, 2017 and on the earlier dates on which the contempt of Court case was listed for hearing, with much respect, there was no discussion whatsoever on the very jurisdiction of the Supreme Court to invoke contempt of Court proceeding against a Sitting Judge of a High Court and remove him from office, which is in the exclusive domain of the Parliament, and to imprison him.
13. Since the order dated 9th May, 2017 had directed the police to take the Petitioner into custody forthwith, being faced with the threat of imminent arrest, the petitioner’s counsel was forced to mention the matter seeking emergent constitution of an appropriate Bench, the Supreme Court being on Summer Vacation.  The counsel for the Petitioner, sought to mention the matter at 4.00 p.m. on 12th May, 2017, which also failed since the Hon'ble CJI did not lend his ears and retired to his Chamber.  The counsel for the Petitioner, accordingly met the Registrar (Judicial) who promised to obtain instructions from the Hon'ble CJI.  When contacted subsequently, he was kind enough to indicate that constitution of a Bench and listing of the case is beyond his powers and asked the counsel for the Petitioner, to mention the matter before the Hon'ble CJI.  Accordingly, the counsel for the Petitioner, mentioned the matter before the Hon'ble CJI at 10.30 a.m. on 11th May, 2017 seeking constitution of a Bench on emergent basis, pointing out that the order dated 9th May, 2017 meant the Petitioner being impeached in a manner unknown to the Constitution, as a High Court Judge could only be removed from office by the Parliament; that the Petitioner was convicted without a charge, without a trial, without even a judgment; that in terms of the proviso to Section 12 of the Act a contemnor is liable to be discharged even after his conviction if he tenders an apology, even a conditional one, provided that it is bona fide.  It was further pointed out that such an opportunity of discharge, even after conviction, which is embedded in the Act, which opportunity was extended to Shri Vijay Mallya who too was convicted on the same day under the Act, was denied to the Petitioner and, therefore, it is imperative that the case be listed by constituting an appropriate Bench.  The counsel for the Petitioner, believes that the submissions made by him as aforesaid, which he did in the discharge of his sacred duty which he owed towards his client, the Petitioner, for reasons difficult to be fathomed, incensed the Hon'ble CJI.  To the repeated pleas of the counsel for the Petitioner, the reply of the Hon'ble CJI was, with much respect,  “Go to the press”.  The counsel for the Petitioner, thereafter met the Registrar General who expressed his helplessness in the matter.  The counsel for the Petitioner, is reminded of the words of Mr.  Brougham, the Attorney-General of the Queen, in his defence of Queen Caroline before the House of Lords:-

“I once before took leave to remind your lordships — which was unnecessary, but there are many whom it may be needful to remind — that an advocate, by the sacred duty of his connection with his client, knows, in the discharge of that office, but one person in the world, that client and none other. To save that client by all expedient means — to protect that client at all hazards and costs to all others, and among others to himself — is the highest and most unquestioned of his duties; and he must not regard the alarm, the suffering, the torment, the destruction, which he may bring upon any other; nay, separating even the duties of a patriot from those of an advocate, he must go on reckless of the consequences, if his fate it should unhappily be, to involve his country in confusion for his client’s protection.”

And of Lord Denning:
“An advocate is a minister of justice equally with a judge”, who is bound to protect the interest of his client, fearless of the Judge, unmindful of the client who may stab him from behind, unmindful of the society which may not be kind to him.”

Mustering courage, the counsel for the Petitioner, went to the Hon'ble CJI once again at 2.00 p.m. on 15th May, 2017 and requested that an appropriate Bench be constituted and the case be listed. 

14. Though the Supreme Court has convicted the Petitioner under the Act, he in all humility begs to submit that he did not commit any contempt of Court.  What is the contempt he has committed?  He addressed a letter to the Hon'ble Prime Minister alleging that some of his brother Judges had sold their conscience and indulged in corrupt practices.  A Court and a Judge are not one and the same.  Both are different, though there could be no Court without a Judge.  A Judge is not a Court.  The allegation of corruption made by the Petitioner is against individual Judges.  If the allegations made by him are untrue, it will entail in an action, both civil and criminal, at the hands of the Judges concerned against the Petitioner.  Initiation of contempt of Court proceeding against the Petitioner has meant that nobody in this country could ever dare to be a whistleblower in so far as corruption in judiciary is concerned.  In its judgment in C. Ravichandran Iyer v. Justice A.M. Bhattacharjee,1995 SCC  (5) 457   JT 1995 (6) 339, 1995 SCALE  (5)142, the Supreme Court has held that no First Information Report (FIR) could be registered against members of the higher judiciary without the prior consent of the CJI, which meant immunity for a Judge from investigation even in heinous crimes, without meaning the least that Judges indulge in such crimes.  The contempt of Court proceedings against Shri. Justice Katju and the Petitioner has meant that whoever speak about corruption or criticize the Judges in higher judiciary, no matter it is a settled principle that judgments could be criticized and nobody is above lawand even if a Judge indulges in corruption, he will be subject to the criminal laws of the land, will be proceeded against for contempt of Court and will be convicted and sentenced and even the media will be restrained from reporting the truth.  The Petitioner’s case is no longer the case of an individual who has been convicted and sentenced to imprisonment without a charge sheet, without a trial, without even a judgment, but by a sentence where a reasoned judgment is yet to be delivered, but one concerning the very right of freedom of speech and expression, transparency and accountability in higher judiciary.

15. In the name of independence of judiciary, by the judgments in Judges-2, Judges-3 and the NJAC cases, the power of selection and appointments of Judges to the higher judiciary, which the Founding Fathers of the Constitution had vested in the executive, has been, with much respect, usurped by the judiciary/Supreme Court.  With the order dated 9th May, 2017, even the power to remove a Judge of a High Court has been assumed to itself by it by recourse to the provisions of the Contempt of Courts Act, 1971 even without any discussion as to whether or not any such jurisdiction is vested in the Supreme Court.

16. The nation is at crossroads.  Independence of judiciary is of paramount importance and that is achieved when Judges are appointed by open selection, inviting applications from all eligible candidates and references from all stakeholders, in an open and transparent manner; so too by introducing a mechanism to deal with complaints and grievances against Judges of the higher judiciary without in any manner impinging their independence.  Video-recording of Court proceedings, repealing of the Contempt of Courts Act, abolition of the system of designation of lawyers as Senior Advocates; so too Advocates on Record are all measures without which the dream of a judiciary which is transparent, efficient and accountable to the people will remain a mirage. 

17. The Petitioner’s effort to get undone the injustice caused to him by instituting a Writ Petition under Article 32 of the Constitution and an application seeking recall of the order dated 9th May, 2017, as aforesaid, has failed.  Getting the aforesaid Writ Petition and recall application listed for a reasoned hearing and adjudication in accordance with law, for the moment, is a near impossibility.

18. The Petitioner is denied justice.  The concept of justice is divine; it is his birth right and when justice is denied to him by the highest Court of the land, the only proceedings left is to seek a review of the judgment under Article 137/145 Of The Constitution Of India
19. The Petitioner was arrested on 20/06/2017 in compliance of the order dated 09/05/2017 of this court and is presently lodged in the presidency jail at Kokotta. On 05/07/2017, he came to know that a detailed judgment was uploaded in the website of   Supreme Court of India
20. In the order dated 09/05/2017, in para 22 thereon unfortunately a reference is made to a letter which was addressed to the Registrar General of the High Court of Calcutta by the petitioner on 14th  March, 2017.  Since the unfortunate circumstances, nay, total misconception and misunderstanding upon which petitioner happened to write a letter against his counsel Shri. Mathews J.Nedumpara and Shri. Bijoy Krishna Adhikary , it is unnecessary to deal with the same once again. However for the sake of abundance of caution, with a view to undo the great damage done to my counsel in a great sense of contrition and regret the petitioner reiterate that, the allegation which he has made against his counsel is absolutely incorrect, born out of misunderstanding, being misled.The relationship between the petitioner and his lawyer is of utmost trust and confidence, a privileged communication, and the client is duty bound to confide his lawyer for clarifying any doubts, even if that means, seeking clarifications a hundred times.
21. The petitioner is grateful to his counsel Shri. Mathews J. Nedumpara for all the steps taken, leaving no stone unturned, to protect his freedom and liberty. The petitioner is also deeply obliged to the members of National Lawyers Campaign and it's office bearers for extending their unstinted support to the petitioner so as to uphold the rule of law and personal liberties.

22. Appended is the Appendix: I (in page Nos. __ to ___)-Article 124 & 217  of The Constitution of India, 

23. It is Certified that this is the first review petition filed by the review petitioner against the judgment dated 09/05/2017 & 04/07/2017 and based on the same grounds, no other review petition has been filed by the review petitioners.

GROUNDS

Grounds in support of the reliefs sought for are fairly elaborated in the statement of facts above and hence are not repeated.  The Review Petitioner respectfully submits that paragraphs 1 to ____hereinabove may be read and treated as the grounds in support of the instant Review Petition.  Nonetheless, the Review Petitioner begs to submit that:

A. It is to be understood that Court and judges are not one and the same. Even though the Judge is an essential integral and most important part of the court, not the court in itself. Hence the allegations against the judge has nothing to do with the court itself, and in no way can attract the contempt of court proceedings.  Nothing done by the judges outside the open court are the judicial action, and not protected under the contempt of court Act. Further, scandalising the court and antagonizing the judges are on different footing. Neither can be replaced by the other to bring the person within the meaning of contempt of court Act. Only remedy available is personal remedy by those whose persona are under attack, like the protection available to any other citizens or the constitutional functionaries. The Petitioner with utmost humility reiterates that the judges are not the law unto themselves to proceed suo moto and becoming the judges in their own cases. They have the right to defend themselves in accordance with the law laid down against the defamation, if the allegations are proved to be wrong after proper and credible investigation.  The separate judgment of the two judges in paragraph 5 lays down that: “5. Whether those various allegations made by the contemnor are based on any evidence to establish the truth of the allegations is a matter which cannot be examined in these proceedings.  …………..   What is the appropriate forum and procedure which the contemnor is required to follow for setting the  law in  motion w.r.t.  each  of  the  allegations  made  by  the contemnor are questions to be examined in detail.  Further in paragraph 6 of the said judgment, it continues that:- “Such  complaints,  if  made  to  the  appropriate forum/authority  are  required  to  be  investigated  in  accordance with the procedure established by law relevant in the context of each  of  those  allegations  and  appropriate  further  legal proceedings are to  be initiated,  if  the  investigation reveals  the commission of  any offence cognizable or  non-cognizable or  any other actionable wrong…………...” So, the petitioner with all humility is to say that the said allegations were to be investigated first for it's veracity and truth, before proceedings against the petitioner for the contempt of court, concluding that those allegations are frivolous, without any inquiry and finding by any competent authority.

B. There is no reason to come to pre enquiry conclusion that the allegations are frivolous or malicious, that too when allegations are made out by the person holding constitutional post against the persons who holds similar positions and authorities. It is a prejudiced conclusion under which the instant proceedings are initiated. It weakens the institution of judiciary and gives further strength to the corrupt to perpetuate their corrupt practices, so that nobody is able to criticize great injustices dispensed by such persons of power.


C. The only remedy under law is to proceed under the law of defamation, if the judges against whom allegations are raised, if the persons can defend themselves. Otherwise, they are equal citizens having equal legal rights, and the legal and constitutional rights of the judges are not above the rights of the other citizens, when the personal rights are concerned. There cannot be a violation of equality before law. As a matter of right to equality, no defence is available to the judges too, other than the defences available to protect a citizen against an illegality committed by another person. Nobody has a separate rights and defences. Nobody is above law. The reputation and dignity of all citizens, irrespective of the power, authority and seat occupied by him are equal in footing before law in terms of protection and defence.

D. One  constitutional authority, writing to another constitutional authority alleging corruption in any system of state, cannot be a reason to proceed against by a third constitutional authority without the law laid down or authority flowing out of the constitution. – without the laid down law, authority and procedures by the law made by the parliament without which it will lead to constitutional chaos, deviating from constitutional cosmos.
E. The above proceedings were a knee jerk to the federal structure of the constitution as well. The federal structure of the constitution is the basic structure of the constitution which is inalienable, transcendental and primordial as laid down by this court in the land mark verdict of  Keshavananda Bharati.  The High Court is not a subordinate Court to the Supreme Court and is not enjoying any administrative superintendence.

F. There are procedures laid down by this Hon’ble court-that is not followed, while handling an allegation of corruption against any of the sitting or retired judges. ( Veeraswami case. {K. Veeraswami vs Union Of India And Others [1991 SCR  (3) 189, 1991 SCC  (3) 655, JT 1991 (3)   198,1991 SCALE  (2)150]}) Those procedures laid down by the Supreme Court in the instant case are not followed in handling the issues, whereas the petitioner was sentenced in violation of all legal norms and propriety.


G. It illegal for this court to proceed, based upon unverified facts, wereas the allegations are still unverified for it's veracity by competent authorities. And for that reason, facts cannot be verified after the punishment is imposed. It is for the proper agency to do fact finding by investigation and in no way,  Supreme Court of India  is an investigating agency or fact finding court.
H. If every constitutional authority proceeds against the other constitutional authority, will lead to constitutional chaos-is against the National integrity and unity, which will be under direct threat, if the constitutional authorities enlarge their own jurisdiction against other constitutional authority and proceeds to unseat without the laid down procedures in the constitution. The eventual chaos can directly hit the foundation of the unity and integrity of the nation and its existence. The result will be chaos or constitutional unrest and may be leading to political as well.  Any procedures against the constitutional authority shall be strictly in terms of the procedures laid down by the constitution itself, and cannot be by the whims and fancies of the existing authority, which enlarges its own jurisdiction and usurp upon such jurisdiction of other organs against the constitutional mandate.
I. The instant procedures will lay down a wrong precedent resulting into a constitutional authorities struggling to usurp into powers inter se to scuttle scores and silence other authorities or strip of their powers.  In accordance with Article 138 if the constitution,  Supreme Court of India  can function only within its jurisdiction which is invested upon it by parliament, as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court, not otherwise.  It can only exercise further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer.
“Enlargement of the jurisdiction of the Supreme Court
138.
(1) The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer.
(2) The Supreme Court shall have such further jurisdiction and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court.”
In the instant case, neither the above conditions are fulfilled to enlarge its jurisdiction. The supreme court on its own motion cannot enlarge its own jurisdiction.
J. Even though supervisory powers are invested in the high court by article 227 over the courts subordinate to it, the Supreme Court is not invested with the jurisdiction or administrative or judicial supervision upon the high courts. The instant case in no way pertains to the Supreme Court, and the Supreme court has by the impugned orders usurped upon the jurisdiction, which is not invested in it.
.”
K. It further violates the Fundamental Rights as envisaged under article 20(1) and 20(3) of the constitution.
“Protection in respect of conviction for offences
20.
(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) No person accused of any offence shall be compelled to be a witness against himself.”


L. Order-XII,Rule-1 of the Supreme Court Rules,2013 reads as follows:-
“The Court, after the case has been heard, shall pronounce judgment in open Court, either at once or on some future day, of which due notice shall be given to the parties or their advocates on record, and the decree or order shall be drawn up in accordance therewith.”
Where as the judgments dated 09/05/2017 & 04/07/2017 passed by this Hon’ble Court in SUO MOTU CONMT.PET.(C) NO.1 OF 2017 was not pronounced in the open court.
No notice was given to the parties or to their advocates about the pronouncement of the judgment.

M. The decree was not drawn up in accordance with the judgment pronounced, whereas the judgment was drawn up in accordance with the order of conviction which showers no legal sanctity for both making the order and the judgment, both illegal and void ab-initio or non est in the eyes of law.

N. The date on which the judgment was signed is not the date of the judgment, whereas the date of pronouncement of judgment is the date of judgment, and in that way, the date shown in the judgment is wrong, because on 09/05/2017 the said judgment was not pronounced. The order which was pronounced on that day clearly mentions that the “Detailed order to follow.”( Paragraph 2, page-1, order dated 09/05/2017). It clearly shows that there was no other order/judgment passed on that day.

O. The subsequent judgment which was uploaded in the website of the Supreme Court of India on 05/07/2017 shows the date of judgment as pronounced by the 5 judges in the bench as 09/05/2017, which is factually incorrect, as no judgment was pronounced on that day in the open court, making the said order non est in the eyes of law.
P. The said order further endorses that the two judges out of the 7 judges have recorded a separate judgment (Page 49,signature block). Whereas the separate judgment was authored only on 04/07/2017. Again it is a factual inaccuracy that the separate judgment was in existence on 09/05/2017, as per the judgment of that day and hence the said inaccuracy further vitiates the authenticity of judgment. 
Q. Paragraph 30 of the judgment of the Chief Justice of India reads as follows:-
“The matter was finally taken up for hearing on 9.5.2017..........”
It is another indication that the instant judgment was authored on a subsequent date, not on the same day.
R. Paragraph 35 of the judgment of the Chief Justice of India further reads as follows:-

“In the background of the factual  position summarized above, while disposing of the suo-motu contempt petition on 9.5.2017, we had  directed, that no further statements issued by Shri Justice C.S. Karnan would  be  publicized.”  

This clearly shows that the instant judgment was authored on a subsequent day, not on the day as mentioned in the order, making the said order non est in the eyes of law.
S. Order-XII,Rule-5 of the Supreme Court Rules,2013 reads as follows:-
“ Every decree passed or order made by the Court shall be drawn up in the Registry and be signed by the Registrar, the Additional Registrar or Deputy Registrar and sealed with the seal of the Court and shall bear the same date as the judgment in the suit or appeal.”
Further, the decree or order passed by the Assistant registrar, Ms.Renuka Sadana which reads as follows (Page 76 of the judgment):-
“.............the reasons for the same have been recorded in the two separate Reportable signed orders, which are placed on the file.”
It clearly shows that both the judgments were placed on the file on 09/05/2017, whereas the second judgment as referred was authored on 04/07/2017. Rather, a judgment which was authored on 04/07/2017 was placed on the file by the assistant registrar on 09/05/2017 as per the given order of the Ld.Registrar.   This is the clear indication and admission on record making the said order non est in the eyes of law..
T. Further, the listing of the case as per the said order passed by the Assistant registrar, Ms. Renuka Sadana (page No.75)shows that the matter was listed for the passing the said judgment on 09/05/2017 as item No.701, whereas on the said listing, only one order of conviction was passed in the open court, (which is in page no. 77 to 80) and there was no subsequent or continuous opportunity to pass the above judgment as mentioned in the order of the assistant registrar. Anyhow, an order signed on 04/07/2017 could not have been pronounced on 09/05/2017, making the said orders non est in the eyes of law.
U. The endorsement of 04/07/2017 as the date of judgment by the two judges in the concurring judgment is also a factual error, as on that day it was neither listed for the pronouncement of orders, nor it was pronounced on that day in the open court. The date of pronouncement of the order is the date of judgment, and not the date on which it was signed/authored and hence for that reason, the order is void ab-initio, the one which is not pronounced in the open court, making it  not an order itself.




PRAYERS
It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to take recourse to the procedure of review and:


a) declare that the lead judgment and order dated 09/05/2017 & 04/07/2017 passed by this Hon’ble Court in SUO MOTU CONMT.PET.(C) NO.1 OF 2017, passed by the 7 judge  Bench of this Hon'ble Court in the above proceedings are unconstitutional and void being in direct violation of the express constitutional and statutory provisions so too the Fundamental, constitutional, equitable and statutory rights of the review petitioner;

b) pass any such other order or orders/directions as this Hon’ble Court may deem fit and proper in the interest of justice.
c)
DRAWN AND FILED BY


(A.C.PHILIP & C. J. JOVESON)
Advocates for the Petitioner
mathewsjnedumpara@gmail.com
(Mobile: 98205 35428)
New Delhi.
Drawn on:__.07.2017
Filed on:__.07.2017


IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
REVIEW PETITION (CIVIL) NO. _____ OF 2017
IN
SUO MOTU CONMT.PET.(C)NO.1 OF 2017
((Seeking review of the judgments dated 09/05/2017 & 04/07/2017 passed by this Hon’ble Court in SUO MOTU CONMT.PET.(C) NO.1 OF 2017)
Justice C.S. Karnan ………..Review Petitioner
IN THE MATTER OF:
Supreme Court of India
on its own motion … Suo Moto
Versus
Justice C.S. Karnan … Original  Alleged Contemnor/Respondent

A F F I D A V I T
I, Justice C.S.Karnan, aged about 61 years, S/o.Mr.Swaminathan, Residing at: 1/GB, Rosedale Towers, New Town, Kolkotta Presently UNDERGOING IMPRISONMNET AT Presidency Jail, Kolkotta, do hereby solemnly swear and affirm as follows:-
1. That I am the Review Petitioner in the above SUO MOTU CONMT.PET.(C) NO.1 OF 2017. I am fully conversant with the facts and circumstances of the case and hence, I am competent to swear this affidavit.
2.    I state that I have read and understood the contents of the accompanying Review petition paragraph 1 to ________  at page 1 to    ________, Synopsis & List of dates at page B to ____, application for Bail, application for exemption from filing certified copies of the impugned order, Application seeking open Court hearing of the Review Petition and the Application for permission to engage Shri.Mathews J.Nedumpara as my counsel to appear and argue the Review Petition.  The contents of the same are true and correct to the best of my knowledge and belief. 
3.    I state that that the Annexures, filed with the Review Petition are true and correct copies of their respective originals.
Place: Kolkotta                                                                
DEPONENT
Verification
I, the Deponent above named, do hereby verify and state that the contents of the Affidavit are true and correct to my knowledge and belief. No part of it is false and nothing has been concealed there from.
Verified at New Delhi on this the ___th  day of July, 2017.

Place: Kolkotta    DEPONENT





APPENDIX

Articles 137 and 145 of the Constitution of India


“Review ofjudgments ororders by theSupreme Court.

137. Subject to the provisions of any law made byParliament or any rules made under article 145, theSupreme Court shall have power to review any judgment
pronounced or order made by it.

“Rules of Court, etc.

145. (1) Subject to the provisions of any law made byParliament, the Supreme Court may from time to time,with the approval of the President, make rules forregulating generally the practice and procedure of theCourt including—
(a) rules as to the persons practising before theCourt;
(b) rules as to the procedure for hearing appealsand other matters pertaining to appeals includingthe time within which appeals to the Court are to beentered;
(c) rules as to the proceedings in the Court for theenforcement of any of the rights conferred byPart III;
[(cc) rules as to the proceedings in the Courtunder
1[article 139A];]
(d) rules as to the entertainment of appeals under
2sub-clause (c) of clause (1) of article 134;
(e) rules as to the conditions subject to which anyjudgment pronounced or order made by the Courtmay be reviewed and the procedure for such reviewincluding the time within which applications to theCourt for such review are to be entered;
(f) rules as to the costs of and incidental to anyproceedings in the Court and as to the fees to becharged in respect of proceedings therein;
(g) rules as to the granting of bail;
(h) rules as to stay of proceedings;
(i) rules providing for the summary determinationof any appeal which appears to the Court to befrivolous or vexatious or brought for the purpose ofdelay;
(j) rules as to the procedure for inquiries referredto in clause (1) of article 317.
Rules of Court, etc.
(2) Subject to the 1[provisions of *** clause (3)], rulesmade under this article may fix the minimum number ofJudges who are to sit for any purpose, and may providefor the powers of single Judges and Division Courts.
(3) 3[22*** The minimum number] of Judges who are tosit for the purpose of deciding any case involving asubstantial question of law as to the interpretation of thisConstitution or for the purpose of hearing any referenceunder article 143 shall be five:
Provided that, where the Court hearing an appealunder any of the provisions of this Chapter other thanarticle 132 consists of less than five Judges and in thecourse of the hearing of the appeal the Court is satisfiedthat the appeal involves a substantial question of law asto the interpretation of this Constitution the determinationof which is necessary for the disposal of the appeal, suchCourt shall refer the question for opinion to a Courtconstituted as required by this clause for the purpose ofdeciding any case involving such a question and shallon receipt of the opinion dispose of the appeal inconformity with such opinion.
(4) No judgment shall be delivered by the SupremeCourt save in open Court, and no report shall be madeunder article 143 save in accordance with an opinionalso delivered in open Court.
(5) No judgment and no such opinion shall bedelivered by the Supreme Court save with theconcurrence of a majority of the Judges present at thehearing of the case, but nothing in this clause shall bedeemed to prevent a Judge who does not concur fromdelivering a dissenting judgment or opinion.”




Justice C.S. Karnan
Review Petitioner Presently undergoing imprisonment at Presidency Jail, Kolkotta
Dated :___.07.2017
To
The Registrar
Supreme Court of India,
New Delhi.


Subject :

REVIEW PETITION (CIVIL) NO. _____ OF 2017
IN
SUO MOTU CONMT.PET.(C)NO.1 OF 2017
Sir,

I hereby authorize Shri Mathew J.Nedumpara/A.C.Philip/ MR.Sonu Beniwal, to file, re-file, to apply for and obtain the proceedings along with the entire Case and also to do the needful in the Registry in the above mentioned case.

Thanking you
     Yours sincerely,


(Justice C.S. Karnan)
Review Petitioner



IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
REVIEW PETITION (CIVIL) NO. _____ OF 2017
IN
SUO MOTU CONMT.PET.(C)NO.1 OF 2017
((Seeking review of the judgments dated 09/05/2017 & 04/07/2017 passed by this Hon’ble Court in SUO MOTU CONMT.PET.(C) NO.1 OF 2017)
Justice C.S. Karnan ………..Review Petitioner
IN THE MATTER OF:
Supreme Court of India
on its own motion … Suo Moto
Versus
Justice C.S. Karnan … Original  Alleged Contemnor/Respondent
VAKALATNAMA
I/WeJustice C.S.KarnanAppellants(s)/Petitioner(s)/Respondent(s) /Opposite party in the above Suit/ Appeal: Petition/ Reference do hereby appoint and retain            ______________________Advocate-on-Record of the Supreme Court to act and appear for me/us in the above Proceedings/Suit/ Appeal/ Petition/ Reference and or my /our behalf to conduct and prosecute (or defend) the same and all proceedings that may be taken in respect of my application connected with the same of any decree order passed therein, including proceedings in taxation and application for Review, to file and obtain return of documents, and to deposit and receive money on my/ or behalf in the said Suit Appeal/ Petition Reference and in application of Review, and to represent me/us and to take all necessary steps on my /our behalf in the above matter, I/We agree to ratify all acts done by the aforesaid Advocate in pursuance of this authority.
Dated this the  ___________th  day of  July, 2017

Accepted, Certified and satisfied

Place: Kolkotta
Date:     /07/2017 (Signed) 

MEMO OF APPEARANCE
To,
The Registrar,
Supreme Court of India
New Delhi
Sir,
Please enter my appearance on behalf of the Petitioner(s) /Appellant(s)/ Respondent(s) /Intervener in the matter above mentioned.

Dated this the ______th   day of  July  , 2017
Yours faithfully,

Date:    /07/2017 AOR for petitioner(s)/appellant(s)


IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
REVIEW PETITION (CIVIL) NO. _____ OF 2017
IN
SUO MOTU CONMT.PET.(C)NO.1 OF 2017
((Seeking review of the judgments dated 09/05/2017 & 04/07/2017 passed by this Hon’ble Court in SUO MOTU CONMT.PET.(C) NO.1 OF 2017)
Justice C.S. Karnan ………..Review Petitioner
IN THE MATTER OF:
Supreme Court of India
on its own motion … Suo Moto
Versus
Justice C.S. Karnan … Original  Alleged Contemnor/Respondent
VAKALATNAMA
I/WeJustice C.S.KarnanAppellants(s)/Petitioner(s)/Respondent(s) /Opposite party in the above Suit/ Appeal: Petition/ Reference do hereby appoint and retain            ____________________________________Advocate-on-Record of the Supreme Court to act and appear for me/us in the above Proceedings/Suit/ Appeal/ Petition/ Reference and or my /our behalf to conduct and prosecute (or defend) the same and all proceedings that may be taken in respect of my application connected with the same of any decree order passed therein, including proceedings in taxation and application for Review, to file and obtain return of documents, and to deposit and receive money on my/ or behalf in the said Suit Appeal/ Petition Reference and in application of Review, and to represent me/us and to take all necessary steps on my /our behalf in the above matter, I/We agree to ratify all acts done by the aforesaid Advocate in pursuance of this authority.
Dated this the  ___________th  day of  July, 2017

Accepted, Certified and satisfied

Place: Kolkotta
Date:     /07/2017 (Signed) 

MEMO OF APPEARANCE
To,
The Registrar,
Supreme Court of India
New Delhi
Sir,
Please enter my appearance on behalf of the Petitioner(s) /Appellant(s)/ Respondent(s) /Intervener in the matter above mentioned.

Dated this the ______th   day of July , 2017
Yours faithfully,


Date:    /07/2017 AOR for IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
REVIEW PETITION (CIVIL) NO. _____ OF 2017
IN
SUO MOTU CONMT.PET.(C)NO.1 OF 2017
(D) No. _________/2017
(Seeking review of the judgments dated 09/05/2017 & 04/07/2017 passed by this Hon’ble Court in SUO MOTU CONMT.PET.(C) NO.1 OF 2017)

Justice C.S. Karnan ………..Review Petitioner
IN THE MATTER OF:
Supreme Court of India
on its own motion … Suo Moto
Versus
Justice C.S. Karnan … Original  Alleged Contemnor/Respondent WITH
IA.NO. OF 2017
Application seeking Bail
WITH
IA.NO. OF 2017
Application seeking exemption from annexing certified copy of the impugned order/judgment
WITH
IA.NO. OF 2017
Application seeking open court hearing
of the Review Petition
AND
P A P E R – B O O K
[FOR INDEX KINDLY SEE INSIDE]

DRAWN AND FILED BY

(MATHEWS J.NEDUMPARA)
&
(A.C.PHILIP)
Advocates for the Petitioner
mathewsjnedumpara@gmail.com
(Mobile: 98205 35428)





RECORD OF PROCEEDINGS

SL.NO. DATE OF RECORD OF PROCEEDINGS   PAGE(S)

1. ORDER DATED
2. ORDER DATED
3. ORDER DATED
4. ORDER DATED
5. ORDER DATED
6. ORDER DATED
7. ORDER DATED
8. ORDER DATED
9. ORDER DATED
10. ORDER DATED
11. ORDER DATED
12. ORDER DATED
13. ORDER DATED
14. ORDER DATED
15. ORDER DATED
16. ORDER DATED
17. ORDER DATED
18. ORDER DATED
19. ORDER DATED





IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
REVIEW PETITION (CIVIL) NO. _____ OF 2017
IN
SUO MOTU CONMT.PET.(C)NO.1 OF 2017
((Seeking review of the judgments dated 09/05/2017 & 04/07/2017 passed by this Hon’ble Court in SUO MOTU CONMT.PET.(C) NO.1 OF 2017)


1. Justice C.S.Karnan
aged about 61 years,
S/o.Mr.Swaminathan,
Residing at:
1/GB, Rosedale Towers,
New Town,
Kolkotta,

Presently undergoing
imprisonment at
Presidency Jail, Kolkotta …REVIEW PETITIONER

IN THE MATTER OF:
Supreme Court of India
on its own motion … Suo Moto
Versus
Justice C.S. Karnan … Original  Alleged Contemnor/Respondent

1.       The Hon'ble, Supreme Court of India,
represented by
The Registrar General of Supreme Court of India,
Supreme Court of India,
TilakMarg,
New Delhi-110 201,
India. … Respondent/  Suo Moto

2.
3.


PETITION UNDER ARTICLE 137/145 OF THE CONSTITUTION OF INDIA SEEKING REVIEW OF THE JUDGMENT AND ORDER DATED 09/05/2017 & 04/07/2017 PASSED BY THIS HON’BLE COURT IN SUO MOTU CONTEMPT.PET.(C) NO.1 OF 2017.

To

THE HON’BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUSTICES OF THE
HON’BLE SUPREME COURT OF INDIA

HUMBLE PETITION OF PETITIONER ABOVENAMED

MOST RESPECTFULLY SHEWETH



1. There could be no parallel in the judicial history of any nation to the injustice meted out to the petitioner in the name of upholding the majesty and dignity of the institution of judiciary. The Review Petitioner, though would not ever claim to have never erred or being infallible, he could assert with clean conscience that as a judge and a citizen he had only one thing in mind, one dream, a judiciary which is independent, impartial, which is accountable to the people, for the people and isdrawn from the diverse sections of the society. The petitioner found that in the selection and appointment of judges, the concept of men and women of impeccable character, erudition, impartiality, independence and due representation of diverse sections of the society, particularly of the underprivileged class, from humble economic background and other paramount considerations are not observed. This has meant the higher judiciary representing the elite sections of the society to the deprivation of equally deserving members of the less fortunate in economic and other senses. The petitioner, accordingly, in response to his inner conscience ventured to raise the said issues in the public domain. The petitioner also found some of his own brother judges failing to live upto the higher standards of probity in public life which is expected of them. Deeply pained and hurt, the petitioner thought it  his bounden duty to address the constitutional authority,  though, ordinarily, no judge in his place could have ventured so. To put it pithily, the petitioner happened to address the Hon’ble the Prime Minister of India, the Chief Justice of India, so too other constitutional functionaries, many an injustices and corrupt practices. The allegations of corruption and malpractices the petitioner has leveled against his brother judges meant the petitioner to be isolated and a great amount of disaffection if not anger and hostility leveled towards him. The petitioner is afraid to say that his bonafide and genuine concern was taken otherwise which added  fuel to the fire resulting in the Hon’ble the Chief Justice of India constituting a bench taking suo moto institution of criminal contempt of court proceedings against the petitioner, though the title was civil. The bench accordingly ordered notice to the petitioner and the very same day of  issuance  of notice to the petitioner, it divested the petitioner of all his judicial and administrative functions. The said order meant the petitioner to be removed from office which the President of India alone could, that too on a motion of impeachment, which has received the   rd majority of both home of the parliament, present and voting; that too on proved misconduct, in terms of the Judges Inquiries Act, do. With much respect, it is a universal principle that, only the appointing authority can remove a person from any seat of authority or appointment, and allowing the peers to remove any person will surely lead to chaos in any institutional framework which is run by rule of law.
2. The petitioner appeared on 31st of March, 2017 in response to the notice issued to him and so too sought recall of the order by which his judicial and administrative powers were removed, pointing out that no such jurisdiction is invested in the Supreme Court. The Petitioner even offered an apology for any indiscretion on his part, for to err is human. However his pleas were not acceded to. The said case was adjourned to 01/05/2017, on which date this court was pleased to order for the medical examination of the petitioner to ascertain whether the petitioner is in a fit medical condition to defend himself in the ongoing proceedings and adjourned the case to 09/05/2017.

3. On 09/05/2017, this court found the petitioner to be guilty of contempt of court of greatest nature and sentenced him for imprisonment for six months. In the brief order which was dictated in the open, sentencing the petitioner for imprisonment, it was made clear that a detailed order will be passed in due course.

4.
5. The petitioner on coming to know that he was sentenced without a judgment, without a trial, without charges being framed, without a hearing, without a lawyer to defend him, that too in his absence, instituted an application for the recall of the order. The said  application seeking recall of the order dated 9th May, 2017; so too suspension/stay thereof, pointing out that the said order is one rendered void ab initio, for want of jurisdiction and against the principle of nemo judex in sua causa or nemo debet esse judex in propria causa - no one can be judge in his own cause.  It was pleaded that the Petitioner was not told what exactly is the charge against him; what was the legal provision under which he is charged; what are the allegations constituting the charge; what is the material and evidence on which the allegations are founded; what is the punishment likely to be imposed on him, not to speak of not affording him an opportunity to contradict the evidence, if any, against him.  In the said application and the Writ Petition the Petitioner further pleaded that even assuming that the Act is constitutional, then also the elementary principles of criminal jurisprudence founded on the principles of natural justice, like, presumption of innocence, burden of proof is on the prosecution, that nobody shall be compelled to be a witness against himself, that an accused is entitled to be defended by a counsel, that there could be no sentence without a judgment, that it cannot be that a reasoned judgment can follow after the conviction but, on the contrary, there can be no sentence without there in existence a reasoned judgment etc., ought to be observed. A copy of the application for the recall of the order dated 09/05/2017 is produced herein [without annexure therein] and marked as Annexure- ‘A1’( From Pages___to ___).    For completion of facts, it may be added that the petitioner also filed a substantive petition under Article 32 of the constitution of India, challenging the constitutional validity of the Contempt of Court Act, 1971. The Petitioner instituted the said  Writ Petition under Article 32 of the Constitution seeking a declaration that the entire proceeding at the hands of the Seven-Judge Bench of the Supreme Court culminating in the order dated 9th May, 2017 is unconstitutional and void because it amounted to usurpation of the jurisdiction of the Parliament to remove him from office; akin to re-enactment of the manner in which the power of appointment of Judges to the higher judiciary, which the Founding Fathers of the Constitution had vested in the executive, was usurped by the judiciary by reviving the collegiums system by recourse to judicial legislation.   Another ground taken in the said writ petition was that the right to appeal where conviction is by Supreme Court of India, to a larger bench of the Supreme Court, nay, intra court appeal is an essential ingredient of Right to life and liberty. The brief order dated 9th May, 2017 was dictated in the open Court citing, the need for a subsequent detailed order, which was not pronounced on that day.  The brief order was uploaded on the website of the Supreme Court late in the night of the same day.  The counsel for the Petitioner, who was in Cochin, Kerala, booked the first flight to Chennai, discussed the case with the Petitioner, prepared the Writ Petition and the application to recall the order dated 9th May, 2017 and sought to institute them in the Supreme Court on 11th May, 2017.  Registration of cases in the Supreme Court, to an extent, is computerized.  There are only two provisions for registration of cases in terms of the software in vogue, namely, (a) through an Advocate on Record (AOR) and (b) by Party in Person.  The counsel for the Petitioner; so too his associate Shri A.C. Philip, approached not less than 30 AORs.  However, none of them was forthcoming to be an AOR on behalf of the Petitioner.  With much respect, many of them confided the counsel for the Petitioner, that they are scared of displeasing the Hon'ble CJI; that AORs and the senior counsel practicing in the Supreme Court, unlike the ordinary lawyers who appear in the High Courts and subordinate Courts, do not enjoy the kind of freedom and independence which lawyers as a class, the sentinels of civil liberties and freedoms, ought to enjoy and profess to enjoy.  With much respect, they were too frank to admit that orders of the Supreme Court are extremely discretionary; that more than 80% of the petitions filed under Articles 136 and 32 of the Constitution, which constitute 95% of the work of the supreme Court, are absolutely discretionary and no AOR or a senior counsel could afford to invite the slightest of displeasure of the Hon'ble Judges.

6. Fa