Litigant Punished For Contempt Claims He Has Sought Prosecution Of Justice Oka; Supreme Court Responds, 'We Won't Be Deterred'

The Supreme Court will hold hearing on September 23 on the sentence to be imposed on the Chairman of Suraz India Trust, Rajiv Dahiya, who was found guilty in 2021 for contempt of court.

Curiously, the contemnor Dahiya, who was personally present before the bench of Justices Abhay S Oka and Augustine George Masih, stated that he has filed an application before the President seeking sanction to prosecute Justice Oka.

The bench said that his application to the President will not deter it from hearing on the sentence.

At the outset, the contemnor, appearing in person, said that a petition had been filed to transfer the matter before a different bench. 

Justice Oka said: "Enough is enough now. You have been convicted for contempt long back."

To this, Daiya responded: "This whole proceeding is nullity and void because the three-judge bench has already decided the recovery proceedings."

He added: "I have sought the prosecute against Your Lordship from the President of India. The Court is acting maliciously."

"You first sought prosecution against the judges, now this bench? Thank you. That proceedings [on contempt] will continue...You have been convicted for contempt of court, what remains is the sentencing part," Justice Oka averred.

 "By making allegations against judges, by seeking prosecution against judges, we won't get deterred. On the contrary, you are landing on more and more trouble by such tactics. You should apply your mind and show some remorse," Justice Oka warned.

The bench observed in the order : "We may also note here that the contemnor states that he has filed an application to the Hon'ble President of India for seeking sanction to prosecute one of us (Abhay S. Oka, J.). However, that does not deter us from dealing with case."

During the hearing, Daiya said that has filed a recall application against the contempt of court order. The bench directed the registry to list the application on the next posting date.

Additional Solicitor General Aishwarya Bhati appeared for the Union and submitted that the court has been benevolent to the contemnor, 

Background 

On May 1, 2017, the Supreme Court's three-judge bench headed by the then Chief Justice of India, J.S.Khehar imposed an exemplary cost of Rs.25 lakh on the NGO, Suraz India Trust, for filing frivolous petitions(64 cases across various courts), and wasting judicial time, and restrained the trust and its chairman, Rajiv Daiya, from filing any case, including PIL, in any court.

Giving details of the 12 different petitions and applications, which were agitated by Daiya in 64 different proceedings since 2009, under the PIL jurisdiction of the Court, the bench expressed its doubts whether Daiya was a proxy litigant, and its dismay over why he should be keen to resolve complex legal questions involving the appointment of Judges in the Higher Judiciary, without having competence to understand the legal nuances himself. In his petitions, he had challenged the constitutional validity of the Judges Inquiry Act, and repeatedly filed contempt petitions in the matter, when the Supreme Court dismissed them.

In February 2021, a Bench of Justices SK Kaul and Hrishikesh Roy issued bailable warrants against Daiya for not depositing the cost of Rs. 25 lakh imposed on the NGO for filing 64 PILs before various High Courts and the Supreme Court without any success, and 'repeatedly misusing' the jurisdiction.

In 2020, notice was issued to the NGO for not having deposited the cost imposed in view of the observations made in its order dated May 1, 2017. The Apex Court also required the disclosure of all movable and immovable assets of the original petitioner so that the costs can be recovered.

Directing Daiya to deposit the amount with a month's time, the Bench took seriously the manner in which Daiya had even ventured to the residence of Supreme Court judges, including that of the CJI, levelling various allegations against the Supreme Court Registry staff.

In September 2021, a division Bench comprising Justices Sanjay Kishan Kaul and Justice MM Sundresh held Suraz India Trust Chairman Rajiv Daiya guilty of contempt of court for scandalising the Court and wasting its judicial time by filing repeated petitions with contemptuous allegations against judges and court staff.

The Bench issued a contempt notice to Daiya while hearing an application filed by him seeking recall of the order imposing the cost of Rs 25 lakhs.

Noting that Daiya has not deposited the cost of Rupees 25 lakhs, which was earlier imposed on him for filing frivolous PILs, the Court directed the recovery of the said amount from his assets in the manner of recovery of land revenue arrears.

The Bench took note of all the 64 cases filed by Suraz IndiaTrust in which Daiya had levelled accusations against Judges in the name of public cause, without success.

However, the court had deferred a hearing on sentencing considering that Daiya had moved an application for the first time for an unconditional apology. 

Case details: Suraz India Trust v. Union of India| MA 1630/2020 in W.P.(C) No. 880/2016)

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