IN RE: PERRY KANSAGRA versus IN RE: PERRY KANSAGRA

Citation: [2022] 8 S.C.R. 671 · Decided: 03-11-2022 · Supreme Court of India · Bench: UDAY UMESH LALIT · Disposal: Directions issued
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Judgment (excerpt)

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   [2022] 8 S.C.R. 671
671
IN RE: PERRY KANSAGRA
(Suo-Motu Contempt Petition (Civil) No. 3 of 2021)
NOVEMBER 03, 2022
[UDAY UMESH LALIT, CJI AND
PAMIDIGHANTAM SRI NARASIMHA, J.]
Sentence/Sentencing – Sentencing for contempt – Contemnor
(PK) married ‘S’ (Indian citizen) – Initially they had stayed in Kenya
but on returning to India their son was born – Son and ‘S’ stayed in
India – A guardianship petition was filed by the contemnor before
the District Court for declaration and legal guardianship of his
son – Petition was allowed by the order of the Court – ‘S’ challenged
the said order before the High Court – High Court affirmed the
order of District Court – ‘S’ Challenged the decision of the High
Court before Supreme Court – The Supreme Court affirmed the
finding of the High Court and custody of son was given to contemnor
– ‘S’ filed M.A complaining of total and absolute disobedience of
Supreme Court’s orders – The Supreme Court passed the judgment
and recalled its earlier orders and convicted the contemnor for civil
and criminal contempt of Supreme Court – The instant proceeding
is for imposition of sentence – Held: Facts of the case demonstrate
that the contemnor had deliberately and with clear intention had
committed act of contempt – Willful disobedience of the judgment,
direction and order of Court coupled with willful breach of the
undertaking given by the Court constitute civil contempt – Further,
the act of contemnor lowers the authority of Court – The contemnor
has interfered with the due course of judicial proceedings and
obstructed the administration of justice which constitutes criminal
contempt – Contemnor directed to be punished with simple
imprisonment for a term of six months for civil contempt of Court
for his acts of deliberate and willful disobedience of the orders
passed by Supreme Court and to pay a fine of Rs. 12,50,000/- (Twelve
Lakhs Fifty Thousand), in default he shall further undergo simple
imprisonment for one month; b) Punished with simple imprisonment
for a term of six months for criminal contempt of Court for
obstructing the administration of Justice and lowering the authority
of Supreme Court and to pay a fine of Rs. 12,50,000/- (Twelve Lakhs
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SUPREME COURT REPORTS
[2022] 8 S.C.R.
Fifty Thousand), in default he shall further undergo simple
imprisonment for one month – Sentences to be served consecutively
– Constitution of India – Art.129.
Pallav Sheth v. Custodian and Others (2001) 7 SCC
549 : [2001] 1 Suppl. SCR 387 ; Re: Vijay Kurle and
Ors. (2020) SCC online SC 407; Zahira Habibullah
Sheikh and Anr. v. State of Gujarat and Ors, (2006) 3
SCC 374 : [2006] 2 SCR 1081 ; and Afzal and Anr. v.
State of Haryana and Ors, (1996) 7 SCC 397 : 1996
(1) JT 328 ; Subrata Roy Sahara v. Union of India and
ors. (2014) 8 SCC 470 : [2014] 12 SCR 573 ; Supreme
Court Bar Association v. Union of India and anr. (1998)
4 SCC 409 : [1998] 2 SCR 795 – referred to.
Case Law Reference
[2001] 1 Suppl. SCR 387
Referred to
Para 12
[2006] 2 SCR 1081
Referred to
Para 14
[2014] 12 SCR 573
Referred to
Para 17
[1998] 2 SCR 795
Referred to
Para 17
INHERENT JURISDICTION : Suo Moto Contempt Petiton
(Civil) No.3 of 2021.
Petition filed for willful disobedience of Court’s Order dated
07.10.2021 and 08.12.2020 in M.A. No.2140 of 2020 in C.A. No.3559
of 2020 passed by the Supreme Court of India.
Tushar Mehta, SG, Ms. Aishwarya Bhati, ASG, Ms. Sonia Mathur,
Sr. Adv., Prosenjeet Banerjee, Ms. Nidhi Mohan Parashar, Ms. Mansi
Sharma, Ms. Shreya Singhal, Vikrant Kumar, Nikhil Chandra Jaiswal,
Ms. Pratiksha Mishra, Simarjeet Singh Saluja, Sudeshna Singh, Chaitanya
Raj Wadera, Ms. Akriti Anand, Ms Astha Baderiya, Ms. Divik Mathur,
P. K. Manohar, Ms Shagun Thakur, Ms. Shivika Mehra, Ms. B.L. Shivani,
Aman Sharma, Ms. Nidhi Mohan Parashar, Rajat Nair, Kanu Agrawal,
Ms. Deepabali Datta, Navanjay Mahapatra, Arvind Kumar Sharma, Advs.
for the appearing parties.
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The Judgment of the Court was delivered by
PAMIDIGHANTAM SRI NARASIMHA, J.
1. This decision on Sentencing will be in continuation of our
judgment dated 11.07.2022 by which Perry Kansagra (hereinafter
referred to as the ‘contemnor’) was convicted for acts of civil as well
as criminal contempt of this Court. For passing the consequential order
of Sentence, we adjourned the case several times1 and after being
satisfied that sufficient opportunity was given to the contemnor, we
proceeded to hear the learned Senior Counsel Ms.
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