'We Will See How You Behave' : Supreme Court Defers Sentencing Of Suraz India Trust Chairman Rajiv Daiya For Contempt Of Court

The Supreme Court on Thursday deferred the sentencing of Suraz India Trust Chairman Rajiv Daiya who has been found 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.

A Bench comprising Justice SK Kaul and Justice MM Sundresh issued the direction considering request made by Mr Daiya, who was present during the hearing, to apologise unconditionally and abide by the law.

The Bench noted that this is the first time Mr Daiya has moved an application for an unconditional apology. The Court has deferred the consideration of his application along with imposition of sentence to see how he behaves.

"We will defer your sentence. We will  see how you behave", Justice Kaul orally remarked.

The matter will be heard next on 11th January 2021

The Bench observed that while it is not their wish to convict anybody, it was constrained to hold him guilty since Mr Daiya doesn't listen to the Court

While finding Rajiv Daiya guilty for contempt of court, Supreme Court had on September 29th observed that he was behaving as if "I will throw mud at all, whether it is the court, administrative staff or state government. So apprehensive of this mud, they may back off".

"We refuse to back off", the bench had sternly said.

The bench said that since a composite notice was issued to him on conviction and sentence, there was no need to hear him separately on sentence. However, the bench said that it was giving him one more chance, and posted the matter for hearing on sentence on October 7.

The Bench had issued contempt notice to Daiya while hearing an application filed by him seeking recall of the order imposing cost of Rs 25 lakhs. The nature of averments in the application and the conduct of the applicant prompted the Bench to issue contempt notice.

While reserving its judgement on 8th September, the Bench had granted three days time to Rajiv Daiya to tender an unconditional apology for scandalising the Court and withdraw 'all what he has said'.

The request to tender an apology was made by Daiya when he appeared before the Court pursuant to Court's order issuing bailable warrants against him.

Through its 2017 judgement, the Supreme Court had imposed an exemplary cost of Rs.25 lakh on the NGO, Suraz India Trust, and restrained the trust and its chairman, Rajiv Daiya, from filing any case, including PIL, in any court. The said order was passed observing that the Trust had filed frivolous petitions, and wasted judicial time.

The Bench had also considered the issue of contempt action against Daiya for non-compliance of an Order which directed him to submit Rs. 25 lakhs cost over allegations levelled against Judges. The Court had in April this year issued a notice of contempt to Daiya.

While reserving its judgement, the Bench had observed that if an unconditional apology was given by Mr Daiya in the next three days, the same would be taken into consideration by the Court before passing the orders.

On May 1, 2017, the Supreme Court's three-judge bench headed by the then Chief Justice of India, J.S.Khehar had 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.

In February 2021, a Bench of Justices SK Kaul and Hrishikesh Roy had 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.

"To stop this practise, we direct Suraz India Trust will not file any case. Rajiv Dahiya was restrained from filing any public cause directly or indirectly...," the Bench, also comprising Justice DY Chandrachud and Justice SK Kaul, passed the order after hearing the matter for more than three hours.

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.

(Case: Suraz India Trust v. Union of India)

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