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"