"Orders Passed By This Court Be Brought In Notice Of High Court": Supreme Court in Suraz India Trust Contempt Case

A division Bench of Justice SK Kaul and Justice Hemant Gupta has directed that Orders passed by the top court be brought in notice of High Court, and if need be appropriate SLP be filed before SC with any interim orders subsisting tagged in the present matter.

The Bench had on 12th April called for an affidavit from the state of Rajasthan disclosing the nature of employment that Rajiv Dhaiya, chairperson of NGO Suraz India Trust, holds with the state government and clarifying whether the activities being carried on by him are permissible.

During the hearing today, the Bench noted that it has perused affidavit filed by State. In so far as proceedings before HC, it has been stated that State has moved for vacation of the interim order.

" The Orders passed by this court to be brought in notice of HC, and if need be appropriate SLP will be filed with any interim orders subsisting to be tagged with the present matter." the Bench said

Senior Advocate Manish Singhvi appearing for the State of Rajasthan submitted the the State has filed its reply .

"We have suspended him, transferred him and even started disciplinary proceedings against him under relevant rules. He has approached the High Court in his favour obtained a stay on his transfer in his favour. We've moved against that on 26/3" Singhvi informed the Court.

"Point out pending proceeding before this court to the HC otherwise bring it in SLP before this court." Justice Kaul said

The Bench asked Mr Singhvi, if In the meantime they could start recovery of the land revenue against him.

"We've initiated disciplinary proceedings." Singhvi said.

"But that won't get cost" the Bench observed

The Court was hearing the matter wherein it issued notice to NGO Suraz India Trust for not having deposited the cost of Rs. 25 lakh in view of observations made in its order dated May 1, 2017. The exemplary cost had been imposed on NGO for wasting judicial time.

In May 2017, SC imposed exemplary cost of Rs. 25 lakh on the NGO for filing 64 cases in various High Courts & SC. Then CJI JS Khehar had also restrained the Trust & its Chairman, Rajiv Dahiya from filing any case, including PIL, in any Court.

On April 12th 2021, SC called for an affidavit from state of Rajasthan disclosing the nature of employment that Rajiv Dhaiya, chairperson of NGO Suraz India Trust, holds with the state government

In February, the court had issued bailable warrants against Mr. Dhaiya for not depositing the cost of Rs 25 lakh. Then, on March 15, he was directed to place on record his current sources of income, as he had submitted that he is in a Government job. He was ordered to give a complete list of his movable and immovable assets, if any. Since he he had claimed to be in a Government job, the Court had required that he should give his last salary slip which will show the emoluments being received by him along with the deductions being made.

On April 5, Mr. Dhaiya had further stated that when he mentioned the Government job he was referring to the fact that he was a stenographer in a legal office but deployed with the State of Rajasthan. Accordingly, the Court had issued also notice to the standing counsel for the State of Rajasthan to verify the fact in view of "the non- cooperative attitude of Mr. Daiya".

Click Hear To Download/Read Order