Case Law Details
Directorate General of GST Intelligence Vs Nikit Mittal (Jharkhand High Court)
This Court has perused the order passed in W.P.(Cr.) No. 415 of 2018 and other analogous cases and Cont. Case (Cvl) No. 665 of 2019 and other analogous cases as also the order passed by the writ Court in W.P.(Cr.) No. 14 of 2019 which is the subject matter of the instant contempt case wherefrom it is evident as under paragraph-4 thereof that the writ petition was disposed of vide order dated 23.04.2019 and the writ petitioner was directed to appear before the Senior Intelligence Officer as and when called upon by him. The Senior Intelligence Officer was also directed not to arrest the writ petitioner on his first day of appearance and give him fair opportunity of hearing in the matter.
This Court has posed a question upon the learned counsel for the petitioner that when there is a specific direction passed by the writ court to the effect that there shall be no arrest on the first day of appearance and if the writ petitioner, namely, Nikit Mittal has not appeared before the concerned Officer, what action has been taken by the Senior Intelligence Officer for securing his appearance in order to proceed further in the proceeding which was the subject matter of the writ petition.
Learned counsel for the petitioner has submitted that he is having no instruction in this regard.
This Court, however, fails to understand that what is the occasion for the petitioner to file this contempt case instead of taking coercive measure for securing the appearance of the litigant.
Learned counsel for the petitioner has not given any positive response in this regard.
However, at this juncture, learned counsel for the petitioner has submitted that he may be allowed to withdraw the instant contempt case.
Considering the said submission, the instant case is dismissed as withdrawn.
FULL TEXT OF THE JUDGMENT/ORDER OF JHARKHAND HIGH COURT
1. Learned counsel for the petitioner has submitted that the defect(s) as has been pointed out by the office may be ignored.
2. This Court, after considering the submission of the learned counsel for the petitioner, deems it fit and proper to ignore the defect(s) as has been pointed out by the office. Accordingly, the same is/are ignored.
3. The instant contempt case, under Section 11 and 12 of the Contempt of Courts Act read with Article 215 of the Constitution of India, has been filed for initiation of proceeding for alleged, willful and deliberate noncompliance of the order dated 23.04.2019 passed in W.P.(C) No. 14 of 2019 by the learned writ court in exercise of power conferred under Article 226 of the Constitution of India which was filed seeking a direction by issuing writ arising of the criminal proceeding.
4. It appears from the pleading that there is a fraud of Rs.400 crore of the public money which led the writ petitioner to file a writ petition being W.P.(Cr.) No. 14 of 2019. The said writ petition was disposed of vide order dated 23.04.2019 taking into consideration the direction passed by the co-ordinate learned Single Judge of this Court in W.P.(Cr.) No. 415 of 2018 and other analogous cases disposed of on 21.02.2019.
5. The instant contempt case has been filed for initiating a proceeding against the writ petitioner for his alleged non-appearance before the Senior Intelligence Officer in pursuance of the direction passed by the writ court dated 23.04.2019 wherein the writ petitioner was directed to appear before the Senior Intelligence Officer as and when called upon by him. The Senior Intelligence Officer was also directed not to arrest the writ petitioner on his first day of appearance, and give him fair opportunity of hearing in the matter.
6. According to the petitioner, the Senior Intelligence Officer, Directorate General of GST Intelligence, Regional Unit, Jamshedpur, the writ petitioner since has not appeared, therefore, the instant contempt case, reason being that he has defied the order passed by the writ court dated 23.04.2019.
7. Mr. Ratnesh Kumar, learned counsel for the petitioner has placed before this Court the order passed by the learned writ court passed W.P.(Cr.) No. 415 of 2018 and other analogous cases to the effect as would appear from paragraph-9 thereof that the writ petitioners shall appear before the Senior Intelligence Officer who has issued summons to them as and when called and, of course, they shall not be arrested on the first day when they appear before him.
8. On the similar instance, i.e., when there was no appearance on behalf of the writ petitioners, the contempt cases were filed being Cont. Case (Cvl) No. 665 of 2019 and other analogous cases and the co-ordinate Court has clarified the order as would appear from paragraph-6 thereof that when there is no appearance after dozen of summons, the authority can take coercive action against him, including his arrest, that is the purport of the order passed by the writ court in W.P.(Cr.) No. 415 of 2018 and other analogous cases.
9. Learned counsel for the petitioner, in view of the order passed by the contempt court in Cont. Case (Cvl) No. 665 of 2019 and other analogous cases, has submitted that the instant contempt case may also be disposed of in terms of the aforesaid order.
10. This Court has perused the order passed in W.P.(Cr.) No. 415 of 2018 and other analogous cases and Cont. Case (Cvl) No. 665 of 2019 and other analogous cases as also the order passed by the writ Court in W.P.(Cr.) No. 14 of 2019 which is the subject matter of the instant contempt case wherefrom it is evident as under paragraph-4 thereof that the writ petition was disposed of vide order dated 23.04.2019 and the writ petitioner was directed to appear before the Senior Intelligence Officer as and when called upon by him. The Senior Intelligence Officer was also directed not to arrest the writ petitioner on his first day of appearance and give him fair opportunity of hearing in the matter.
11. This Court has posed a question upon the learned counsel for the petitioner that when there is a specific direction passed by the writ court to the effect that there shall be no arrest on the first day of appearance and if the writ petitioner, namely, Nikit Mittal has not appeared before the concerned Officer, what action has been taken by the Senior Intelligence Officer for securing his appearance in order to proceed further in the proceeding which was the subject matter of the writ petition.
12. Learned counsel for the petitioner has submitted that he is having no instruction in this regard.
13. This Court, however, fails to understand that what is the occasion for the petitioner to file this contempt case instead of taking coercive measure for securing the appearance of the litigant.
14. Learned counsel for the petitioner has not given any positive response in this regard.
15. However, at this juncture, learned counsel for the petitioner has submitted that he may be allowed to withdraw the instant contempt case.
16. Considering the said submission, the instant case is dismissed as withdrawn. Accordingly, disposed of.
