NEW DELHI: The Supreme Court was astonished to learn about escape of a man to the United States of America, though his passport was kept in court custody.
The court directed the Home Ministry to take every possible step under the law to arrest the man who faced contempt proceedings on a plea filed by his wife.
SC Questions How Man Escaped to US Without Passport, Orders Probe
"We are amazed as to how can the alleged contemnor/respondent leave for the USA or for that matter for any country without a passport, as his passport is in the custody of this court," a bench of Justices Sudhanshu Dhulia and Prashant Kumar Mishra said.
The court had on January 17, 2024 asked the man to remain present in the court in all proceedings as he was engaged in a custody battle with his estranged wife over their 10-year-old child, suffering from autism.
Supreme Court Issues Non-Bailable Warrant, Seeks Home Ministry’s Action
The court noted that on the last hearing of this matter, on January 22, 2025, the alleged contemnor/respondent was not present in the court, which was in violation of the order of the apex court.
However, the man's counsel contended that he would be present in the court on the next date of listing.
"Today, we have been informed by none other but the senior counsel Vikas Singh, appearing for the alleged contemnor/respondent that the alleged contemnor/respondent had left for USA," the bench said in its order on January 29.
"Be that as it may, now today we have no option but to issue a non-bailable warrant against the alleged contemnor/respondent. Non bailable warrant is hereby issued against the respondent, let the same be executed in accordance with law," the bench added.
The court directed the Home Ministry to take every possible step under the law to arrest the respondent so that he is brought to justice.
It asked Additional Solicitor General K M Nataraj to assist this court.
It also told the law officer to apprise this court as to how the respondent was permitted to leave this country without a passport and leave of this court.
"With the assistance of the Home Ministry, Government of India, he may also enquire and apprise this court as to who assisted the respondent in escaping from the country and who are the officials and other persons involved in this," it said.
The court fixed the matter for further hearing on February 19.
The bench made it clear that any business transaction, including any deal relating to his property in India, during the contempt proceedings or later would be subject to the order of the apex court.
The couple got married in February 2006 and moved to the US and have a child. However, due to marital discord, the man obtained a divorce decree on September 12, 2017, from a court in Michigan, US.
The wife, on the other hand, initiated multiple proceedings against him in India. In October 2019, a settlement was reached between the parties before the apex court. One of the grounds for settlement is that the man should give custody of the child to the mother. Owing to alleged non compliance, contempt proceedings were initiated on a petition moved by the petitioner-mother.
