Supreme Court to commence today sentence hearing in contempt case against fugitive businessman Vijay Mallya, found guilty of contempt in 2017 for disobeying court's orders in not disclosing full particulars of assets in a case between the SBI & Kingfisher Airlines.
Amicus Sr Adv Jaideep Gupta appears.
Justice Lalit: Let us see last order passed by us
Amicus takes the Bench through previous orders passed by the Court.
Bench: principally why we appointed you Mr Amicus, we have found a person guilty of contempt and punishment has to be imposed. Going by normal logic contemnor has to be heard, from that stage he hasn’t appeared before the court.
Bench: now there are some proceedings going on, we don’t know what. The Ministry Officer says some proceedings are pending. What course should this court adopt.
Amicus: He doesn’t have to be physically present, its enough for him to appoint a counsel.
Amicus Curiae Sr Adv Jaideep Gupta argues
Justice UU Lalit: we have found a person guilty of contempt and punishment has to be imposed. Going by normal logic contemnor has to be heard, from that stage he hasn’t appeared before the court
Gupta: He doesn’t have to be physically present, its enough for him to appoint a counsel
Justice Ravindra Bhat: This case also has different colours to it. He has abstained from proceedings. Your suggestion to adjourn will only take us so for, next hearing same thing will happen. then we have to pronounce sentence in absentia.
Justice Lalit: he was given multiple opportunities
Justice Bhat: This cannot become a gateway for courts of first instance to adopt this course...we will have to say this is in extraordinary sense of matter, he has been found guilty, and has run.
SG Tushar Mehta: But this court has inherent jurisdiction in contempt cases, your Lordships can do that, you have in fact given opportunity and he has not taken it..It is not Government’s stand that something confidential is going on
SC ORDER: in reply to our request in order dated Nov 30, 2021 Sr Adv Jaideep Gupta has accepted to assist as Amicus. He submits that on issue of sentence in order dated 30th Nov this court granted liberty to contemnor to advance such submissions as deemed appropriate
SC: Amicus says principles of natural justice stand complied with and adequate opportunity was given to respondent contemnor. Amicus says matter may be adjourned for short time with an expression that this would be final opportunity
SC ORDER: SG says this court may clarify that
it was not a submission on behalf of Govt of India that nature of proceedings going on in UK is confidential but authorities conveyed impression gathered from UK side. This matter doesn’t require elaboration
SC ORDER: It is so because communication which was quoted in last order itself makes position quite clear. we adjourn for 2 weeks. Respondent contemnor is at liberty to act in directions of 30th Nov order failing which matter shall be taken to logical conclusion
