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Civil · Reportable judgment

In Re: Perry Kansagra vs In Re: Perry Kansagra

Court
Supreme Court of India
Date
3 November 2022
Case No.
Suo-Motu Contempt Petition (Civil) No. 3 of 2021
Bench
Uday Umesh Lalit, Pamidighantam Sri Narasimha
Citation
[2022] 8 S.C.R. 671 : 2022 INSC 1161
Supreme Court Reports [2022] 8 S.C.R. 671 : 2022 INSC 1161
Headnote

Sentence/Sentencing – Sentencing for contempt – Contemnor (PK) married ‘S’ (Indian citizen) – Initially they had stayed in Kenya but on returning to India their son was born – Son and ‘S’ stayed in India – A guardianship petition was filed by the contemnor before the District Court for declaration and legal guardianship of his son – Petition was allowed by the order of the Court – ‘S’ challenged the said order before the High Court – High Court affirmed the order of District Court – ‘S’ Challenged the decision of the High Court before Supreme Court – The Supreme Court affirmed the finding of the High Court and custody of son was given to contemnor – ‘S’ filed M.A complaining of total and absolute disobedience of Supreme Court’s orders – The Supreme Court passed the judgment and recalled its earlier orders and convicted the contemnor for civil and criminal contempt of Supreme Court – The instant proceeding is for imposition of sentence – Held: Facts of the case demonstrate that the contemnor had deliberately and with clear intention had committed act of contempt – Willful disobedience of the judgment, direction and order of Court coupled with willful breach of the undertaking given by the Court constitute civil contempt – Further, the act of contemnor lowers the authority of Court – The contemnor has interfered with the due course of judicial proceedings and obstructed the administration of justice which constitutes criminal contempt – Contemnor directed to be punished with simple imprisonment for a term of six months for civil contempt of Court for his acts of deliberate and willful disobedience of the orders passed by Supreme Court and to pay a fine of Rs. 12,50,000/- (Twelve Lakhs Fifty Thousand), in default he shall further undergo simple imprisonment for one month; b) Punished with simple imprisonment for a term of six months for criminal contempt of Court for obstructing the administration of Justice and lowering the authority of Supreme Court and to pay a fine of Rs. 12,50,000/- (Twelve Lakhs Fifty Thousand), in default he shall further undergo simple imprisonment for one month – Sentences to be served consecutively – Constitution of India – Art.129.

Pallav Sheth v. Custodian and Others (2001) 7 SCC

Read the full headnote (3 more paragraphs)

549 : [2001] 1 Suppl. SCR 387 ; Re: Vijay Kurle and Ors. (2020) SCC online SC 407; Zahira Habibullah Sheikh and Anr. v. State of Gujarat and Ors, (2006) 3 SCC 374 : [2006] 2 SCR 1081 ; and Afzal and Anr. v. State of Haryana and Ors, (1996) 7 SCC 397 : 1996

(1) JT 328 ; Subrata Roy Sahara v. Union of India and ors. (2014) 8 SCC 470 : [2014] 12 SCR 573 ; Supreme Court Bar Association v. Union of India and anr. (1998)

4 SCC 409 : [1998] 2 SCR 795 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by PAMIDIGHANTAM SRI NARASIMHA, J. 1. This decision on Sentencing will be in continuation of our judgment dated 11.07.2022 by which Perry Kansagra (hereinafter referred to as the ‘contemnor’) was convicted for acts of civil as well as criminal contempt of this Court. For passing the consequential order of Sentence, we adjourned the case several times1 and after being satisfied that sufficient opportunity was given to the contemnor, we proceeded to hear the learned Senior Counsel Ms. Sonia Mathur for Smriti Kansagra (wife of the contemnor and mother of
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