New Delhi: The Delhi High Court has directed the Central Bureau of Investigation (CBI) to initiate the process for issuance of an Interpol Red Corner Notice against a UK-based Overseas Citizen of India (OCI) cardholder who was held guilty of wilfully disobeying court orders directing payment of interim maintenance for his minor daughter.
In a judgment delivered on Wednesday, a single-judge Bench of Justice Sachin Datta said the contemnor had shown a “consistent, deliberate, and calculated disregard” for orders passed by the family court as well as the Delhi High Court and had repeatedly refused to participate in proceedings before Indian courts.
Holding the respondent guilty of civil contempt under the Contempt of Courts Act, the Delhi High Court sentenced him to six months’ simple imprisonment and imposed a fine of Rs 2,000.
“The conduct of respondent no. 1 leaves no manner of doubt that his disobedience is deliberate and calculated. Despite repeated opportunities and indulgence, he has chosen not to comply with the directions of this court. His conduct demonstrates complete disregard for judicial authority and warrants the invocation of this court’s contempt jurisdiction,” the judgment said.
It recorded that the respondent had failed to comply with orders directing him to pay Rs 1.40 lakh per month towards interim maintenance for the welfare of his minor daughter despite repeated directions. It observed that he had also ignored subsequent directions requiring payment of arrears and disclosure of financial records, while seeking to evade the jurisdiction of Indian courts.
Referring to an email sent by the respondent, Justice Datta said he had categorically declared: “I hereby declare that I am withdrawing from the jurisdiction of the Indian Courts, and I will no longer be participating in this case or any related legal proceedings in India.”
Rejecting his defence of financial incapacity, the Delhi High Court held that the plea was unsupported by credible material and that the record indicated deliberate attempts to avoid compliance.
Taking note of the contemnor’s continued absence from India, Justice Datta said it was appropriate to invoke international mechanisms to secure his presence.
“In view of the above, it would be appropriate to invoke the mechanism of a Red Corner Notice to secure the presence of Respondent No. 1 and to ensure enforcement of the sentence imposed,” the judgment said.
Accordingly, it directed the CBI to make an appropriate request to Interpol for issuance of a Red Corner Notice “for the purposes of locating, arresting, and detaining him, and for informing the CBI as well as this Court of his whereabouts”.
The Delhi High Court also directed the CBI to take steps for issuance of an Interpol Diffusion to facilitate tracing, apprehension and detention of the contemnor. Further, it ordered the Foreigners Regional Registration Office (FRRO) to alert the police authorities concerned and the CBI to secure the respondent’s arrest upon his arrival in India to ensure execution of the sentence.
Justice Datta also directed the authorities to prepare arrest warrants and committal warrants against the contemnor forthwith. The matter has been listed for further consideration on July 27.
(IANS)
