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In a unique case, the Supreme Court has ordered an inquiry and arrest of a man who faces contempt proceedings but fled to the US despite his passport lying in court custody. A bench of Justices Sudhanshu Dhulia and Prashant Kumar Mishra asked additional solicitor general K M Nataraj to assist the court and apprise how the man was permitted to leave this country without a passport.
"We are amazed as to how can the alleged contemnor/respondent leave for the USA or for that matter for any country without a passport, as his passport is in the custody of this court. Be that as it may, now today we have no option but to issue non-bailable warrant against the alleged contemnor," said the bench and issued non bailable warrant against him.
The man is locked in a custody battle with his former wife over their child.
The top court directed the home ministry to take every possible step under the law to arrest the respondent and bring him to justice.
The order came after senior advocate Vikas Singh, appearing for the contemnor, informed he had left for the foreign country.
"In this regard we request K M Nataraj, ASG to assist this court. Nataraj shall apprise this court as to how the respondent was permitted to leave this country without a passport and leave of this court. With the assistance of Home Ministry, Govt of India, he may also enquire and apprise this court as to who assisted the respondent in escaping from the country and who are the officials and other persons involved in this," the bench said and posted the hearing on February 19.
The bench on January 29 made it clear that any business transaction, including any deal relating to his property in India, during the contempt proceedings or later would be subject to the order of the top court.
The top court was hearing a contempt plea filed by the wife against her estranged husband.
They married on February 8, 2006, and moved to the US and have a 10-year-old child. However, owing to a marital discord, the man obtained a divorce decree on September 12, 2017 from a court in Michigan, US.
The wife, on the other hand, initiated multiple proceedings against the estranged husband in India.
A settlement was arrived at between the parties before the top court on October 21, 2019 with one of the grounds being that the man should give the child's custody to his estranged wife.
As he failed to do it, contempt proceedings were initiated on a plea moved by the woman.
Following the September 26, 2022 and November 10, 2022 orders, the man was asked to appear in court and he virtually appeared on December 13, 2022.
On January 17, 2024, the court asked him to remain present in all proceedings but he did not appear on January 22 and 29, when the hearings took place.
(Except for the headline, this story has not been edited by News Agency staff and is published from a syndicated feed.)