Failure To Deposit Cost- Supreme Court Issues Bailable Warrants To Suraz India Trust Chairman Rajiv Daiya

While declining Daiya's letter seeking adjournment of four months the division bench of Justices SK Kaul and Hrishikesh Roy remarked that,

"It appears that his contumacious conduct continues and he is under a misconception that by endeavouring to scandalize the Court, he can get away with it."

The direction was issued after the Top Court perused the affidavit filed on behalf of the State of Rajasthan which had stated that in pursuance to the medical advice, Daiya had resumed his duties on August 11, 2021.

It is pertinent to mention that on the last date of hearing, Daiya had sought an adjournment by two weeks once again of being advised medical rest since he had undergone prostate surgery. The Court had thereafter directed the State to verify the factum of surgery of the contemnor and obtain the information from the doctors as to when Daiya was expected to be in a position to attend the virtual Court proceedings.

The Supreme Court on July 9, 2021, had issued contempt notice to Suraz India Trust Chairman Rajiv Daiya for scandalizing the Court.

"It is clearly an endeavour to browbeat the Court and this Court will not countenance the same," the bench of Justices Sanjay Kishan Kaul and Hemant Gupta had said.

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, and wasting judicial time, and restrained the trust and its chairman, Rajiv Daiya, from filing any case, including PIL, in any court.

The Court, in September last year, issued notice to the Trust for not having deposited the cost of Rs. 25 lakh in view of the observations made in its order dated May 1, 2017, and also required the disclosure of all movable and immovable assets of the original petitioner so that the costs can be recovered.

In February 2021, the court 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. Later in May 2021, the court issued notice of contempt to Rajiv Daiya strongly deprecating his conduct and noting the non-compliance of an Order which directed him to submit Rs. 25 lakhs costs over allegations levelled against Judges.

When the case was taken earlier, the State of Rajasthan brought to notice the letter addressed by Mr Daiya in response to proceedings initiated by the concerned authorities to contend that they tend to scandalize the Court.

"On perusal of the record, we find that while the issue is simply of recovery of costs from the Trust/ Mr. Daiya in terms of judgment of this Court, all kinds of pleadings are being made, letter 2 written only to scandalize the Court and prevent the Court from taking action to ensure recovery of costs. It is clearly an endeavour to browbeat the Court and this Court will not countenance the same. Let contempt notice issue to Mr. Rajiv Daiya as to why he should not be proceeded against and sentenced for his endeavour to scandalize the Court, returnable on 04.08.2021," the bench had ordered.

Case Title: Suraz India Trust v. Union of India

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