Man Facing Contempt Case For Not Paying Cost Makes Further Contemptous Comments In Reply; Supreme Court Extends His Custody

The Supreme Court today directed Upendra Nath Dalai, the man against whom contempt proceedings are going on for non-payment of cost imposed by the Court as well as for making contemptuous remarks, to be taken back into custody till Monday.

The genesis of the case before the Bench of Justices CT Ravikumar and Rajesh Bindal lies in Dalai filing a "public interest litigation" (PIL) to declare Satsang founder Sree Sree Thakur Anukulchandra a "parmatma". This PIL was dismissed by the top Court, while imposing an exemplary cost of Rs.1 lakh.

For a detailed background of the matter, click here.

On the last date, when the Court called for his reply, Dalai insisted on access to his mobile phone lying in custody at a police station. Declining access, the Court had directed that Dalai be provided all relevant documents by jail authorities to enable him to file a reply, if he chooses to do so. Today, a reply was handed over in Court by Dalai, but not filed.

Going through the same, the Bench noted that instead of apologizing, Dalai had made further contemptuous statements.

The bench offered Dalai legal assistance, but refusing the offer, he stressed that he would defend himself. Considering the seriousness of the matter, especially as Dalai was alleging "conspiracy by Judicial Department", Senior Advocate PN Mishra present in Court was appointed as Amicus Curiae to assist.

Justice Ravikumar was heard saying to the alleged contemnor, "It appears that you require legal assistance, we are offering it, it is upto you...because again see the way you are writing this.....it's a serious matter, we are prepared to...we will provide legal assistance, you can take it".

Yet, Dalai declined. When the Court referred to his claim that his earlier email (saying he refused to appear before the Court) was justified, Dalai said, "mujhe notice nahi bhejna chahiye tha (notice should not have been sent to me)".

Referring to the reply handed over, Justice Ravikumar commented that no further chance to the alleged contemnor was merited. Be that as it may, considering that Dalai was not well-versed with law, the Bench gave him an opportunity to think about further course of action and listed the matter on Monday.

"If he is not filing an unconditional apology for all these things, Monday we will frame charge", the Bench said.

When directions were passed over appointment of Amicus Curiae, Dalai attempted to share certain documents with him. However, taking objection to the same, the Bench said that all relevant documents will be supplied to the Amicus by the Court.

Advocate-on-Record Hitendra Nath Rath was also appointed to assist the Amicus.

Before parting, Justice Bindal suggested to the now-appointed Amicus that another aspect of the matter to be looked into is "who is behind [this]". The Judge referred to the writ petition filed by Dalai in-person and the reply filed on his behalf from custody, to point that there was a "contrast" in drafting. "If you go through the petition, many lawyers may not be able to draft it", the Judge remarked.

Case Title: In Re: Contempt Against Upendra Nath Dalai | SMC (C) No(s).3/2023 (and connected matter)

Click Here To Read/Download Order