ASHOK KUMAR AGGARWAL Vs. NEERAJ KUMAR

JUDGEMENT

(1.) This appeal has been preferred against the impugned judgment and final order dated 30.07.2007 passed by the High Court of Delhi at New Delhi in Contempt Case (Criminal) No. 8 of 2007 rejecting the said application filed by the appellant.

(2.) Facts and circumstances as stated by the parties, giving rise to this appeal are that:

(3.) Shri Ram Jethmalani, learned senior counsel appearing on behalf of the appellant has submitted that the respondents had been fully aware, after receiving the communication from Interpol Singapore, that information furnished to them earlier by the said Singapore authorities was not factually correct. In spite of the fact that the matter had been listed time and again before learned Special Judge, such information was withheld and being under the same impression that the appellant had travelled to Singapore, his judicial custody was extended. Even in the application filed by the respondents for remand for a further period, such a material fact had not been disclosed. It was only at a much later stage when the appellant had already suffered unwarranted judicial custody and the counsel for the appellant had been insisting that appellant did not visit Singapore between 10.2.1999 and 14.2.1999, the Investigating Officer/Respondent no.2 revealed that they have received information from the Interpol Singapore on 7.1.2000 that the version of the appellant was correct. Therefore, the appellant had been subjected to humiliation, insult and remained in judicial custody for a long time. Even the remand application dated 13.1.2000 was filed without disclosing such a fact. The appellant could be bailed out only on 29.1.2000 after remaining in jail for 36 days. It was the solemn duty of the investigating officer not to suppress the material fact from the court and the appellant would not have to face 36 days judicial custody in jail. The appellant had been approaching the authorities and courts time and again, however, could not get any relief from any authority or court. The application of contempt filed earlier was rejected by the Special Court. When the appellant approached the High Court by filing a criminal writ petition, the case was remanded to the Special Court on a particular issue. After remand, the case was considered and the same was also dismissed by the Special Judge. The High Court while dealing with the case under Article 215 of the Constitution, without giving any reason whatsoever, recorded a findings of fact that there was no deliberate attempt to cause any prejudice to the appellant. Hence, a finding not based on any reasoning or substantiated by any evidence, is not a judgment-in-fact. Therefore, the appeal deserves to be allowed.