Facts of the Case
Several income tax appeals and a writ petition involving
Escorts Ltd., Big Apple Clothing Pvt. Ltd., and Dr. Naresh K. Trehan were
pending before the Delhi High Court. During these proceedings, an intervener,
Shri Rakesh Kumar Gupta, filed an intervention application which had already
been rejected by the Court.
Subsequently, despite rejection of his intervention
application, he sent emails and communications to Revenue counsel and directly
to the Court, alleging collusion between Revenue officials, Standing Counsel,
and assessees. He further alleged deliberate weakening of the Revenue's case,
manipulation of records, tax evasion, and concealment of facts.
Although he initially informed the Court that he would
withdraw such allegations, he later filed an extensive affidavit reiterating
many allegations and reserving his right to pursue them elsewhere. He also
sought to retain allegations against departmental officials and assessees on
record.
The Court examined whether such conduct constituted interference with pending judicial proceedings and administration of justice.
Issues Involved
- Whether
an intervener whose application had already been rejected could continue
making allegations against parties and counsel in pending judicial
proceedings.
- Whether
communications made directly to the Court and allegations against Standing
Counsel and Revenue authorities amounted to interference with judicial
proceedings.
- Whether
such conduct constituted prima facie criminal contempt under the Contempt
of Courts Act, 1971.
- Whether proceedings under Section 15 of the Contempt of Courts Act were liable to be initiated.
Petitioner's Arguments
The intervener asserted:
- Revenue
authorities deliberately presented a weak case before the Court.
- Certain
material documents and facts favorable to Revenue were intentionally
ignored.
- There
was collusion between assessees and government officials.
- Fraudulent
activities and tax evasion had occurred.
- Deliberate
suppression and misleading of the Court amounted to contempt.
- Allegations against officials and assessees should remain on record even if allegations against counsel were withdrawn.
Respondent's Arguments
The Revenue and assessees submitted:
- The
affidavit filed by the intervener did not constitute compliance with the
Court's previous order.
- The
allegations were serious and unsupported.
- Direct
communications and allegations against counsel and parties attempted to
prejudice pending proceedings.
- Such conduct interfered with proper judicial administration.
Court Findings / Court Order
The Delhi High Court held that:
- The
conduct of the intervener, including repeated emails, direct
communications to the Court, and filing affidavits containing allegations,
amounted to an attempt to interfere with the due course of judicial proceedings.
- The
conduct prima facie constituted criminal contempt.
- Such
actions tended to prejudice and obstruct pending appeals and writ
proceedings.
- Proceedings
under Section 15 of the Contempt of Courts Act, 1971 were warranted.
The Court issued a Show Cause Notice to Shri Rakesh Kumar
Gupta asking why proceedings for criminal contempt should not be initiated
against him.
The Registry was directed:
- To
register separate criminal contempt proceedings;
- To
place on record all communications and affidavits;
- To annex them with the Show Cause Notice.
Important Clarification
The Court clarified that:
- Even
where allegations are claimed to be withdrawn, continuing or reserving the
right to repeat them elsewhere may still amount to interference with
judicial proceedings.
- Direct
communications with the Court and allegations against counsel and
officials during pendency of proceedings can amount to criminal contempt
where such conduct tends to prejudice judicial proceedings.
- Freedom to make allegations cannot extend to acts that obstruct the administration of justice.
Sections Involved
Contempt of Courts Act, 1971
- Section 15 – Cognizance of criminal contempt in other cases
Link to download the order - https://delhihighcourt.nic.in/app/case_number_pdf/2015:DHC:1446-DB/SRB12022015CW8362007.pdf
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