Supreme Court Sets Aside Orders Of Allahabad HC Issuing Non-Bailable Warrants Against Noida CEO For Her Appearance

"We allow the appeal and set aside the order of the High Court dated 28.04.2022 and 05.05.2022."

While disposing of the Special Leave Petition, the Bench comprising CJI, Justice D.Y. Chandrachud, Justice P.S. Narasimha and Justice Dipankar Dutta recorded in the order that the senior most officer of NOIDA, just below the CEO in hierarchy and the officer in charge of acquisition proceedings shall assist the High Court with the expeditious disposal of the contempt petition before it. The Bench also asked the High Court to take up the matter for early disposal and.

The Allahabad High Court was seized of contempt application, which was instituted for breach of its judgment dated 19.12.2016, which was eventually confirmed by the Apex Court in The judgment of the High Court was confirmed by the Apex Court in 2019 in NOIDA v. Lt Col. J.B. Kuchhal. The contempt case is in relation to non compliance of High court's order by the NOIDA authorities who were directed to compensate the petitioners in relation to a land acquisition dispute.

While considering the contempt petition, on 28th April, 2022, the High Court had directed the personal presence of Maheshwari. Maheshwari was asked to remain present before the Court on May 5, 2022, however, when the Court took up the matter on May 5, it was informed to the Court that she was set to catch her flight to Prayagraj at 10:30 a.m. The High Court directed the issuance of a non-bailable warrant against the petition and passed an order that on 13.05.2022 she shall be brought in police custody before it.

In view of this, a Bench of Justice Saral Srivastava ,deprecating her conduct, remarked thus:

"She was supposed to be here at 10:00 a.m., therefore, the Court cannot countenance the conduct of CEO, NOIDA in taking flight after the functioning of the Court starts and expected the Court to wait for her and take up the matter after she reaches the Court. This conduct of CEO is reprehensible and amounts to contempt of Courts, inasmuch as she has been summoned by the Court in a contempt proceeding for non-compliance of an order passed by Writ Court… The order of Writ Court has not been complied with and in such view of the fact, when the Court has passed an order for appearance of CEO NOIDA, she was expected to be present in Court when the functioning of the Court starts at 10:00 a.m. rather she chose to take flight at 10:30 a.m. from Delhi deliberately with an expectation that the Court will take up the matter as per her convenience."

Thereafter, the present Special Leave Petition was filed, notice was issued by the Apex Court and the order of the Allahabad High Court was stayed.

Senior Advocate, Mr. N.S. Nadkarni, appearing on behalf of Maheshwari submitted that -

"She reached at 10:30. Only 10 minutes after the matter was called."

The CJI remarked -

"On a lighter vein, when you have to be in the High Court of Allahabad at 10 o'clock you can't take a 9:50 AM flight. She had to take a flight the previous night."

Mr Nadkarni submitted that in order to comply with the order of the High Court dated 28.04.2022, Maheshwari had proceeded to Allahabad, but was late by 10 minutes due to flight delays.

Senior Advocate, Dr. A.M. Singhvi appearing on behalf of the respondents were not keen to support the issuance of non-bailable offence. They were more interested in ensuring compliance with the order of the High Court in the main matter, which had attained finality in 2019.

[Case Title: Ritu Maheshwari v. Manorama Kuchhal And Ors. SLP(C) No. 8865-66/2022]