SURAZ INDIA TRUST Vs. UNION OF INDIA

JUDGEMENT

(1.) The raison d 'etre of contempt jurisdiction is to maintain the dignity of the institution of judicial forums. It is not a vindictive exercise nor are inappropriate statements by themselves capable of lowering the dignity of a Judge. These are often ignored but where despite all latitude a perennial litigant seeks to justify his existence by throwing mud at all and sundry, the Court has to step in.

(2.) In order to understand the contours of the present dispute, nothing more is required than to turn to the judgment of this Court in WP(C) No.880/2016 dated 01.05.2017. This judgment is not an origination but in some sense a culmination. Mr. Rajiv Daiya, claims to be the spirit behind Suraz India Trust (for short 'Trust '), which has been filing a large number of cases both in Rajasthan and in Delhi. A perusal of the judgment dated 01.05.2017 would show that Mr. Daiya as Chairman of the Trust has been canvassing matters in person. These petitions are stated to be public interest litigations. A list of cases filed by him was prepared in the proceedings in WP(C) No.880/2016, numbering 12 before this Court alone. Further, as per the summary prepared by the Registry, there were 64 different proceedings in these 12 cases as mentioned in para 3 of the aforementioned judgment. The Court formed a prima facie view that the litigation initiated by the Trust was thoughtless and frivolous. Liberty was granted to Mr. Daiya to make a voluntary statement, if he considered it appropriate that Suraz India Trust will henceforth not file any petition urging a cause in public interest. Thereby, the Court made it clear to him that if he did so the matter would be closed and no further consequences would follow. In the alternative, he was asked to file a response to establish the bona fides of the Trust. Mr. Daiya wanted to prosecute the matter without filing a written response despite the opportunity. He claimed to have been dissatisfied by the Court, both on the administrative and judicial side, with their manner of dealing with his representations. Thereafter, he forwarded a disparaging communication to the residential offices of Hon 'ble Judges. The endeavour, if one may say, was to browbeat the Registry at that time. He sought to make representations to the President of India and the Prime Minister too. In the text of grievances made by the Trust, disparaging remarks were contained therein not only with reference to the Judges of the Rajasthan High Court but also with reference to the Judges of this Court. The vilification extended to all levels of judicial officers in the State of Rajasthan as also the Chief Justice and other Judges of that Court. The Bench opined that extremely important matters are taken up for consideration on a daily basis and judicial time gets wasted because individuals not competent to assist the Court insist without due cause to be granted a prolonged hearing. A misconceived petition in that case was not only dismissed, but a direction was issued that the Trust shall henceforth refrain from filing any cause in public interest before any Court in this country and that it will equally apply to Mr. Rajiv Daiya. Exemplary costs of Rs. 25 lakhs were imposed on Mr. Rajiv Daiya, to be deposited with the Supreme Court Advocates-on-Record Welfare Trust within three months from the date of the order, failing which the costs would be recovered from Mr. Rajiv Daiya through his personal proceeds, if necessary. The matter was directed to be listed in case costs were not deposited.

(3.) The costs were not deposited and Mr. Daiya filed an application on 21.08.2017 seeking to submit unconditional apology with a prayer that the costs imposed on him of Rs. 25 lakhs be waived and that he be pardoned against charges of contempt. In MA No. 507 of 2017, Mr. Daiya requested the court to not enforce the judgment dated 01.05.2017 passed in WP(C) No. 880 of 2016 as he had moved for sanction of prosecution to the President of India. The Court, on 21.08.2017 ordered that the letter requesting sanction of prosecution written by Mr. Daiya to the President of India qua the Judges who presided over the Bench be placed on record. Thereafter on 05.12.2017, the application of Mr. Daiya was dismissed observing that the Bench was not inclined to modify the order and the Registry was directed to proceed as per law.