That Does Not Deter Us From Dealing With Case: SC Says After Petitioner Submits That He Has Filed Application Before President Of India For Sanction To Prosecute Justice Abhay Oka
A two-judge Bench of the Supreme Court recently observed that it will not be deterred from dealing with a contempt case after the contemnor told the Court that he has filed an application before the President of India seeking sanction to prosecute one of them i.e., Justice Abhay S Oka.
The Bench of Justice Abhay S Oka and Justice Augustine George Masih observed, “We may also note here that the contemnor states that he has filed an application to the Hon’ble President of India for seeking sanction to prosecute one of us (Abhay S. Oka, J.). However, that does not deter us from dealing with case.”
Petitioner appeared in person, whereas ASG Aishwarya Bhati and AAG Shiv Mangal Sharma appeared for the Respondents.
Rajiv Daiya, who claimed to be the spirit behind Suraz India Trust (‘Trust’), has been filing a large number of cases both in Rajasthan and in Delhi. Daiya, as Chairman of the Trust, has been canvassing matters in person. Several petitions were stated to be public interest litigations. A list of cases, that were filed by him, was prepared in the previous proceedings listed before the Chief Justice in 2017, numbering 12 before the Supreme Court alone. Further, as per the summary prepared by the Registry in that case, there were 64 different proceedings in these 12 cases. The Court, vide its judgment, said that the litigation initiated by the Trust was thoughtless and frivolous.
Subsequently, in 2021, Daiya filed an application before the Court and sought to recall the 2017 judgment passed by the Apex Court, which had ordered him to pay an amount of Rs. 25 lacs for filing over 64 PILs over many years, which were all unsuccessful, and for continuously misusing the jurisdiction of the Court. The Court, vide its judgment, had held that Daiya was guilty of contempt of court.
Thereafter, the Court has been hearing submissions on the issue of the quantum of sentence. On April 26, 2024, he appeared before the Court and stated that he wanted to apply before the Chief Justice of India for transfer of this case to an appropriate Bench.
He stated before the Court that he had filed an interlocutory application on March 29, 2024, for seeking recall of the order by which he had been convicted of contempt.
The Court had previously ordered, “By way of last chance, we adjourn this petition till 9th September, 2024. We have made it clear to the contemnor who is appearing in person that on 9th September, 2024, he will have to make submissions on the issue of quantum of sentence. If he chooses not to appear, the issue of sentence will be decided in his absence.”
Accordingly, the Court has directed him to appear on September 23, 2024, and produce a copy of the application before the Court.
Cause Title: Suraz India Trust v. Union of India
Appearances:
Petitioners: Petitioner-in-person
Respondents: ASG Aishwarya Bhati, AAG Shiv Mangal Sharma, AORs Arvind Kumar Sharma, Sandeep Kumar Jha, Advocates Ruchi Kohli, Mohd Akhil, Raghav Sharma, TS Sabarish, Nidhi Jaswal, Shalini Singh and Saurabh Rajpal.