BHUPEN DALAL Vs. A K MENON

JUDGEMENT

(1.) THESE two appeals can be disposed of under a common order.

(2.) THE Special Court under Special Court (Trial of Offences Relating to Transactions In Securities) Act, 1992, in Suo Motu Contempt Notice No. 1 of 1995, by its order dated 22nd June, 1995, convicted appellant- Bhupen Dalal, a notified person for not having complied with the order of the Court for disclosing his assets on affidavit and upon having held him guilty, imposed a sentence of simple imprisonment for a period of three months and to pay a fine of Rs. 2,000/the Court also observed while passing the order that undergoing imprisonment and payment of fine shall not absolve the appellant from filing the affidavit disclosing all his assets. This order is the subject-matter of challenge in Appeal No. 856 of 1995.

(3.) AN affidavit disclosing assets was filed by the appellant and upon that event, a review petition being Review Petition No. 1 of 1995 was instituted seeking to get the order of 22nd June, 1995 reviewed. The learned Judge disposed of the review petition by the order dated 24th of July, 1995. The learned Judge, on refusing to set aside the earlier order made by him holding the appellant guilty, observed that appellant could be given an opportunity to prove his sincerity and if directions earlier given are complied with and all assets are disclosed as directed by the earlier order within 12 weeks from the date of the order, the question of appellant undergoing simple imprisonment shall not take effect. The Court also further observed that in the event of there being no such disclosure within the time, the order to automatically take effect. The second order dated 24th of July, 1995 is the subject matter of challenge in Appeal No. 925 of 1995.