Court On Its Own Motion vs Adarsh Kant Kapoor
2013 Latest Caselaw 5506 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CONT.CAS.(CRL) 2/2013
      COURT ON ITS OWN MOTION
                                                      ..... Petitioner
                    Through: Mr.Vikas Pahwa, Senior Advocate
                             (Amicus Curiae)
                             Mr. Sunil Sharma, Additional Public
                             Prosecutor for the State with DCP -
                             S.B.S. Tyagi, (Distt. New Delhi)
                             Inspector Dinesh Kumar, Sub-
                             Inspector Sandeep Kumar, Police
                             Station Tilak Marg, New Delhi.

                          versus

      ADARSH KANT KAPOOR
                                                           ..... Respondent
                          Through:   None.

      CORAM:
      HON'BLE MR. JUSTICE KAILASH GAMBHIR
      HON'BLE MS. JUSTICE INDERMEET KAUR
                        ORDER

% 28.11.2013

Crl.M.A. No. 17931/2013 (Exemption from personal appearance and directions)

This application was filed by the appellant/alleged contemnor under

Section 482 of Cr.P.C. to seek exemption from his personal appearance with

the Registry of this court on 28th October 2013 with the request to the

Registry not to list his application before 28th November 2013. Alongwith

the present application, the alleged contemnor also annexed a copy of the

letter dated 21st October 2013, and email copy of his Air ticket. In this

application, the alleged contemnor has stated certain facts, which are

contrary to the proceedings which had taken place in the court on 21 st

October 2013 and we will take a view of such averments made by the

applicant in the present application at the time of consideration of the

alleged contempt committed by him in the presence of the court on 21 st

October 2013.

So far as the request of alleged contemnor for exempting him from his

personal appearance in this court today is concerned, we find from the

averments made in his application that the alleged contemnor had applied

for the certified copy of the order dated 21st October 2013 on 23rd October

2013 at 2 PM but his application was not entertained by the Registry

because there was some breakdown of the server of the computer system of

the High Court. The alleged contemnor thereafter had submitted the

application to obtain the certified copy of order dated 21 st October 2013 and

as per the alleged contemnor copy of the order was still not uploaded on the

website of this court and therefore he had carried out the urgent inspection

of the file at 12.45 PM on 24th October 2013 in order to find out as to what

order was passed on 21st October 2013.

Going by the aforesaid averments made in the present exemption

application, it is quite evident that the alleged contemnor was well versed

with the contents of the order dated 21st October 2013, wherein specific

direction was given for his presence in court on 28th November 2013 but yet

he left the jurisdiction of this court after taking a flight to Des Moines, IA,

US (DSM) on 29th October 2013 at 4.20 am, as per photocopy of the air

ticket placed on record by him. This applicant/alleged contemnor was

already facing another contempt as directed by this court vide order dated

15th March 2013 and on 21st October 2013, this court also directed to initiate

contempt proceedings against him but showing scant regard to the order

passed by this court he took his scheduled flight to USA as was threatened

by him even in the open court on 21st October 2013.

Looking into such audacious and defiant conduct of this

applicant/alleged contemnor, we are not inclined to grant any exemption in

his favour. He has also not engaged services of any lawyer to represent him

in the present application, which further demonstrates his recalcitrant

conduct. In the light of the above position, we direct non-bailable warrants

against the respondent/applicant with the further direction to the police to

initiate all other coercive measures for securing his presence in court on the

next date of hearing.

List again on 16th December 2013.

Cont.Case (Crl.) No.2/2013

Status report has been filed by the State through Deputy

Commissioner of Police. Vide order dated 21st October 2013, this court

while issuing show cause notice against the alleged contemnor for initiating

contempt proceedings against him, directed the concerned Deputy

Commissioner of Police to ensure presence of the said contemnor on 28 th

November 2013. In the status report, it has been stated that the said order

passed by this court on 21st October 2013 was received at Police Station

Tilak Marg on 30th October 2013 and on receipt of the same Sub-Inspector

Sandeep Kumar had visited the residence of the said contemnor at VB-155,

Street No.7, Virender Nagar, New Delhi and met the owner of the said

property Shri S.S.Puri, who informed that Mr. Adarsh Kant Kapoor had

already left the said premises. Mr. S.S.Puri had given mobile number of

Adarsh Kant Kapoor to Sub-Inspector and Sub-Inspector then had contacted

Mr. Adarsh Kant Kapoor on his telephone and Mr. Adarsh Kant Kapoor

informed him that he is in USA and informed him that he has left the India

in the intervening night of 28th/29th October 2013. He told Sub-Inspector that

he has already inspected the file on 24th October 2013 and he knew about the

show cause notice being issued by the Hon'ble High court under which he

has been directed to submit his reply before the next date of hearing. It is

also stated that Sub-Inspector Sandeep Kumar had received a call from

Adarsh Kant Kapoor (contemnor) from Mobile No.005152774348 and in his

communication, he told the Sub-Inspector that he had already filed an

exemption application to seek his exemption from personal appearance on

the next date of hearing and thereafter, he had disconnected the phone. It has

also been stated that Sub-Inspector Sandeep Kumar had visited the property

No.A-182, Asha Park, IIIrd floor, Fateh Nagar Jail Road, New Delhi where

he met Ms. Jaspreet Kaur wife of Shri Jagmohan Singh owner of A-182,

Asha Park, 4th Floor, Fateh Nagar Jail Road, New Delhi and on inquiry she

informed the Sub-Inspector that Mr. Adarsh Kant Kapoor had taken 4 th floor

of the said property on rent in the first week of September 2013 and vacated

the same on 26th October 2013. The request was also sent by police to FRRO

to seek details of movement of Adarsh Kant Kapoor and FRRO vide its

report informed the police that Adarsh Kant Kapoor had already boarded his

flight to USA by Flight No.EY-211 on 29th October 2013. It is further stated

that a request application for intimating Shri Adarsh Kant Kapoor about the

above show cause notice has been sent to USA Embassy through proper

channel.

We are quite distressed and appalled to notice such a cavalier and

reckless conduct of the police. This order dated 21 st October 2013 was

directed to be given Dasti to the State counsel and as per Mr. Sunil Sharma,

learned Additional Public Prosecutor for the State he had delivered the said

letter to office of Standing Counsel on 23rd October 2013.

Mr.S.B.S. Tyagi, Deputy Commissioner of Police (District New

Delhi) is present in court and submits that his office had received the order

on the evening of 28th October 2013. In the status report filed by the police,

it has been stated that the said order was received at Police Station Tilak

Marg on 30th October 2013. This is quite amazing that the alleged

contemnor could gain access to order on 24th October 2013 and had even

filed an application on 28th October 2013 after serving the copy of the same

on the State, but the State utterly failed to take any steps to ensure the

presence of the alleged contemnor before the court on this date.

Let a fresh status report be filed by the State through the Deputy

Commissioner of Police explaining the delay from 22nd October 2013 when

the copy of the order was delivered by the learned Additional Public

Prosecutor for the State to the office of Standing Counsel till 28 th October

2013 when the same was received by the office of the Deputy Commissioner

of Police. The same be filed within a period of one week.

Renotify on 16th December 2013 for directions.

A copy of this order be given dasti under the signature of the Court

Master to the State.

KAILASH GAMBHIR, J

INDERMEET KAUR, J NOVEMBER 28, 2013 pkb