Vineet Kothari Vs Vipul Harsh (Calcutta High Court)
Summary: The Calcutta High Court considered an application under Article 215 of the Constitution of India alleging wilful, intentional, deliberate and contumacious violation of its interim order dated September 16, 2022. By that order, a Co-ordinate Bench had stayed proceedings in ML Case No. 5 of 2018 pending before the Special Judge, CBI, Court No. 1, City Sessions Court at Calcutta while admitting Criminal Revisional Application No. 3450 of 2022 filed by accused Vineet Kothari. The interim stay was subsequently extended from time to time.
During the subsistence of the stay, Vipul Harsh, who was working as Assistant Director, Enforcement Directorate (Prevention of Money Laundering Act), Kolkata Zone-1, seized several items on June 29, 2024. In his affidavit of compliance, the alleged contemnor gave details of the connected ML Case No. 5 of 2018 arising from ECIR No. KLZO/08/2016 and stated that the seizure had been undertaken on the assumption that the stay of proceedings in the ML case did not curtail the Department’s power to continue investigation under the Prevention of Money Laundering Act, 2002.
Upon examining the stay order and seizure memo, the High Court observed that the alleged contemnor prima facie clearly violated the stay order while conducting the seizure during its subsistence. The alleged contemnor asserted that he had not intentionally committed any contumacious act and had acted on the Department’s interpretation. He ultimately tendered an unconditional apology and stated that he had never intended to go against the majesty of the High Court.
