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SUBRATA ROY SAHARA vs. UNION OF INDIA AND OTHERS

SCR Citation: [2014] 12 S.C.R. 573
Year/Volume: 2014/ Volume 12
Date of Judgment: 06 May 2014
Petitioner: SUBRATA ROY SAHARA
Disposal Nature: Others
Neutral Citation: 2014 INSC 367
Judgment Delivered by: Hon'ble Mr. Justice Jagdish Singh Khehar
Respondent: UNION OF INDIA AND OTHERS
Case Type: WRIT PETITION(CRIMINAL) /57/2014
Order/Judgment: Judgment
1. Headnote

Judiciary - Practice & Procedure - Recusal of Judges - Held: Calculated psychological offensives and mind games adopted to seek recusal of Judges, need to be strongly repulsed - Such tactics deprecated

Contempt of Court - Mannerism and demeanour exhibited by contemnor - Appreciation of - Financial crime - Subscription of OFCDs - Illegality in collection of money from investors -Directions issued by Supreme Court to the two companies in question, to refund the moneys collected by them from investors, who had subscribed to their OFCD's - Non-compliance of - Arrest and detention of contemnors for enforcement of Court directions - Legality of - Challenged - Writ petition - Maintainability of - Held: Not maintainable - Disobedience of orders of a Court strikes at the very root of the rule of law, on which the judicial system rests - Judicial orders are bound to be obeyed at all costs - Judicial orders cannot be permitted to be circumvented - In exercise of contempt jurisdiction - Courts have the power to enforce compliance of judicial orders, and also, the power to punish for contempt - On facts, the two companies in question of which the petitioner is a promoter, flouted orders passed by the SEBI (FTM), SAT, the High Court and of Supreme Court, with impunity - Facts and information solicited were never disclosed - Position adopted by the two companies was always projected on the basis of unverifiable material - The two companies remained adamant while frittering away repeated opportunities granted by this Court to comply with the orders - The companies adopted a demeanour of defiance constituting a rebellious behaviour, not amenable to the rule of Jaw - Since all the efforts to cajole the two companies and the petitioner were methodically circumvented, this Bench started adopting sequentially harsher means to persuade compliance of this Court's orders, leading finally to the passing of the impugned order - Principles of natural justice were followed - There was no bias - Constitution of India, 1950- Arts. 32 r/w 21, 129 and 142- C Securities and Exchange Board of India Act, 1992.

Abuse of Court - Suggestion given to the legislature to formulate a mechanism that anyone who initiates and continues a  litigation senselessly, pays for the same - Legislature to consider introduction of a "Code of Compulsory Costs"

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Securities and Exchange Board of India Act 1992
  • Article 32 r/w 21; 129 and 142 of Constitution of India
  • Contempt of Court
  • Recusal of Judges
5. Equivalent citation
    Citation(s) 2014 AIR 3241 = 2014 (8) SCC 470 = 2014 (8) Suppl. SCC 470 = 2014 (6) JT 1 = 2014 (6) Suppl. JT 1 = 2014 (6) SCALE 257