Contumacious actions to scandalize Court, calls for contempt action, says Apex Court

Read Judgment: Suraz India Trust vs. Union of India 

Pankaj Bajpai

New Delhi, September  30, 2021: The Supreme Court has observed that the power to punish for contempt is a constitutional power vested in this Court which cannot be abridged or taken away even by legislative enactment.

“We have little doubt that what the contemnor has been endeavouring is to have his way or, alternatively, I will throw mud at all and sundry, whether it be the Court, its administrative staff or the State Government so that people, apprehensive of this mud thrown, may back off”, observed the Court and said that “We refuse to back off”. 

A Division Bench of Justice Sanjay Kishan Kaul and Justice M.M. Sundresh noted that the contemnor is clearly guilty of contempt of this Court and his actions to scandalize the Court cannot be countenanced since he continues with his contumacious behaviour. 

The apologies submitted by him are only endeavours to get out of the consequences again followed by another set of allegations, thus, a charade, added the Bench. 

While opining that there is no remorse on the part of the contemnor, the Division Bench quoted the decision of this Court in case of Vishram Singh Raghubanshi v. State of U.P. , to reiterate that an apology cannot be a defence and a justification can be accepted if it can be ignored without compromising the dignity of the Court. 

The Top Court said that there is no absolute licence when appearing in person to indulge in making aspersions as a tendency to scandalise the Court in relation to judicial matters. 

The Division Bench elaborated that the grievance arises on account of the inability of the contemnor to file public interest petitions on account of costs being imposed, which he claims to be unable to pay and the consequences thereof of not being able to prosecute his petitions, which are large in number. 

The contemnor has apparently made a profession of filing public interest petitions of subjects of which he may not know much and then seeking to scandalise the Court to grant him relief failing which he will continue to scandalise the Court, added the Bench. 

On July 9, 2021, the attention of the Court was invited to the letter of Mr. Daiya, wherein it was found that all kinds of pleadings were being made in an issue of what was simply of recovery of costs from the Trust/Mr. Daiya Letters were also written to scandalise the Court and prevent the Court from taking action to ensure recovery of costs, observed the Bench and referred it as an endeavour to browbeat the Court which the Court would not countenance. 

Therefore, the Apex Court held Rajiv Daiya guilty of contempt of court for scandalising the Court and wasting its judicial time by filing repeated petitions with contemptuous allegations against judges and court staff. 

Further, noting that Daiya has not deposited the cost of Rupees 25 lakhs, which was earlier imposed on him for filing frivolous PILs, the Court directed the recovery of the said amount from his assets in the manner of recovery of land revenue arrears.

Therefore, while taking action against Rajiv Daiya (government employee and chairman of Suraz trust), the Supreme Court held that power to punish for contempt is a constitutional power vested in this Court.

At last, the Apex Court gave him one more chance and, thus, considered it appropriate to list the petition to hear the contemnor on the question of final sentence.