New Delhi, Sept 29 (ILNS) The Supreme Court today held Rajiv Dahiya, MD of Rajasthan-based NGO Suraz India Trust, guilty of contempt of Court for scandalizing the court and wasting its time by filing repeated petitions having allegations against judges and court staff.
The bench of Justice Sanjay Kishan Kaul and Justice MM Sundresh refused to waive of the Rs 25000 penalty imposed on Dhaiya saying that his actions to scandalise the court cannot be countenance.” The bench ordered recovery of the amount from his personal assets or from his land revenue arrears. The court will hear him on the question of final sentence on October 7, 2021.
The Court had on September 8, 2021, reserved its order whether contempt proceedings should be initiated against Rajiv Dahiya, MD of Rajasthan-based NGO Suraz India Trust, for not complying with its order of depositing exemplary cost of Rs 25 lakh for casting “imaginary & scandalous accusations” on the judiciary.
On that day, Rajiv Dahiya appeared before the court in pursuance to the bailable warrants issued by the Apex Court. After the hearing, the Apex Court granted 3 days time to Dahiya to file the unconditional apology or withdraw all what he has said.
“In the end, as per usual practice in prior proceedings, the petitioner stated that he wants to tender an unconditional apology seeking to withdraw all what he has said. We have put to him that he has the liberty to file what he pleases within three days and we will take that into consideration while passing our orders. Judgment reserved,” noted the bench of Justice Sanjay Kishan Kaul and Justice M.M. Sundresh.
The Apex Court had issued contempt notice against Dahiya on July 9, 2021 for not depositing the cost of Rs 25 lakh for repeatedly misusing the jurisdiction of the top court. During the hearing today, Rajiv Dahiya appeared before the court and virtually requested for some time to seek legal advice which was further denied by the court. Subsequently, there were some prayers submitted by the NGO chairperson to allow for a mercy petition and requested that it’s impossible to make the payment as he had no access to such resources.
“There is no such mercy petition and you are beyond that, as you have invited problems for yourself. You think if you throw mud on people, people will back off, if you have assets it (the cost) will be recovered,” the court retorted.
The court also denied recalling the orders made for the recovery of the amount from personal proceeds. The court said, “If you had apologised, you would not be in this position but now you have to learn a lesson.”
Rajiv Dahiya shared an example of a Japanese detention centre where a man broke out of the jail 5 times just to draw attention and notice of the authorities. In the same way, he said he wanted to bring to the notice of the courts that no one could make false statements in courts. ”I just wanted to draw attention of the courts; nobody has a right to make false statement in courts. I made this NGO for this purpose only to bring false examples out.”
“What you have done you think is right but we feel is wrong,” the court said.
The court opined that the purpose of forming a NGO may be right but there is a method to redress a grievance.
Justice Sanjay Kishan Kaul calls Rajiv Dahiya “Gyaani” in the subjects of law but at last he cannot permit the same to be done.
ASG Aishwarya Bhati respectfully submitted that 9 times the matter was heard but there was complete evasion of information on employment and assets which is scandalising the court.
The court asked senior counsel Manish Singhvi, “He has to be mentally tested.”
The court also denied the petitioner any kind of review which was his constitutional right. Rajiv Dahiya accepted his mistakes and said he was willing to submit an unconditional apology.
The Bench of Justice Sanjay Kishan Kaul and Justice Hemant Gupta on May 6, 2021 had asked the state(Union of India) that the petitioner in person qua Chairman of NGO (Suraj India Trust) has still not deposited Rs 25 lakh as cost imposed by the then then 3 judges bench namely CJI Jagdish Singh Khehar, Justice D.Y. Chandrachud and Justice Sanjay Kishan Kaul for wasting judicial time of the apex court by filing 64 frivolous petitions both before various high courts and the apex court. The Union of India had apprised the court that a disciplinary proceedings had instituted against the petitioner in person, thereof the bench directed the state to initiate fresh steps in recovering the costs from him that could be gathered from the arrears of land revenue.
The Bench of Justice Sanjay Kishan Kaul and Justice Hrishikesh Roy vide order February 12, 2021 noticed the fact that the application for modification filed by petitioner for waiving the cost was outrightly rejected on January 5, 2017. The details of immovable and movable assets were sought from the petitioner, but he failed to furnish it. Seeing the indiscretion and conduct of petitioner by laying tricks upon the court, the apex court issued bailable warrant against petitioner Rajiv Dahiya for the sum of Rs 25,000 with one surety of like amount.
The following petition came up before the 3 judges Bench (Supra) in the month of April 2017. The court had a view that such petition does not disclose any cause in interest of public nature, and as such the court granted him liberty to not file such PILs which is not in interest of public cause. Ample opportunity was given to the petitioner to make voluntary statement regarding not filing such petitions, nevertheless , the suggestion put forward by the court was declined by him. Several representations were sent by petitioner to the then President of India making inappropriate remarks against SC judges, Rajasthan High court and other court judges as well. Such letter contained allegation about the registry of Supreme Court also./ILNS/KR/SNG