Supreme Court Asks CBI To Probe How Man Travelled To USA Despite Depositing Passport With Court

The Supreme Court today(February 21) directed the Central Bureau of Investigation (CBI) to investigate how a man, facing contempt proceedings, managed to escape to the USA despite his Indian passport being deposited with the Court.

The issue arose out of a child custody battle between a husband and a wife, and contempt proceedings were initiated against the man after he failed to bring the child from the USA.

A bench of Justices Sudhanshu Dhulia and Manmohan directed the CBI to register an FIR.

On January 29, the Court issued a non-bailable warrant against the man, directing the Home Ministry to take every possible step under the law to arrest him so that he is brought to justice.

Today, Additional Solicitor General KM Nataraj informed the Court that a report, along with CCTV footage from the airport, has been filed in a sealed cover. On this, Justice Dhulia asked: "How could this have been done? Tell us, what are you doing? What do you do in such cases?"

Nataraj replied: "He has to be brought back. We will have to register some FIR.." 

Dhulia responded that there is a separate wing in the MHA which deals with such cases. He said: "Were you not in touch with them to tell you what happened and what steps-A, B, C, D to be taken?"

Nataraj stated that MHA's counterpart in the USA will have to be contacted and a process of extradition will have to be initiated. He added that a direction may also be passed for registration of FIR.

Justice Dhulia responded: "We will in any case direct registration of FIR. He could not have done it without assistance. What he probably did was, and if he has done it, then its going to be a big problem. When he deposited the passport, he must have applied for US citizenship. Meanwhile, what he deposited here was an Indian passport. He must have got a US passport. They [US Embassy] must have confirmed he has a US passport and for some reasons, they would have issued it. He must not have disclosed to US Embassy."

When the Court tried to find out if the man held a US passport, the Counsel for the man stated that he only held a green card and the travel documents were issued by the US Embassy. He added that the main issue here was the custody of the child and everything else could be dealt with later. On this, Justice Dhulia orally remarked: "Listen, you have complicated these matters. First, we will deal with this before we deal with anything else. Forget child custody and all. These are secondary issues. Right now, we will see to it that you are brought here. That is our first duty right now...Did you ever askk this Court, you want to go there? Had you asked, it's a child [custody matter] don't you think we would have given it to you. How can you play fraud on this Court?"

The matter was again taken up at 12 pm. It was informed to the Court that "travel documents" were apparently issued to him by the US Embassy. Senior Advocate, Vipin Sanghi, for the petitioner, submitted that the man forged documents including passport. When the Court asked if his passport was not checked at the airport, Nataraj drew the Court's attention to CCTV, which shows that he went to the airport in a wheelchair.

Sanghi also gave a brief history of the matter and stated that when the matter had come before the Court, it directed the father of the man to surrender the passport. Then the man came to the Court stating he would surrender his passport on condition that his father's passport be released. Singhi prayed that the father's passport should be taken again and a LOC should be issued against father.

At the end of the hearing, the Court passed the order as follows: "Meanwhile, we direct CBI to conduct an investigation and start the process immediately, including registration of FIR as and when required."

Although the Court did not include it in the order, it orally directed the contemnor's counsel to bring the child from US to his mother in India.

The Court will hear the matter after 3 weeks.