New Delhi: The Supreme Court said on Monday it will consider on October 21 the sentence to be awarded to a Kenyan citizen of Indian origin held guilty of contempt in a child custody battle, saying it gave him enough opportunity but he chose not to appear before the court.
Observing that the court "cannot be helpless" if a person chooses not to appear despite having been given the opportunity, a bench comprising Chief Justice U U Lalit and Justice P S Narasimha said the matter shall be taken up in the absence of convicted contemnor Perry Kansagra.
Last month, the apex court had sought a report from the Central Bureau of Investigation (CBI) about the steps taken by it to secure Kansagra's presence and ensure the transfer of custody of his minor son to his estranged wife here. On July 11, the top court had convicted Kansagra of contempt for "fraud" in securing the custody of his son from his estranged wife and not coming back to the Supreme Court again.
During the hearing on Monday, Additional Solicitor General (ASG) Aishwarya Bhati, who was earlier asked by the apex court to assist it in the matter, requested the bench to proceed with the sentencing, saying there have been precedents were sentence has been awarded in such circumstances.
"This we did in the Vijay Mallya's case also. It was done in absentia. We gave him chances, we gave him opportunities, but if the person concerned does not respond to that then, after a point, the court cannot be helpless," the bench observed. In July this year, the top court had sentenced fugitive businessman Vijay Mallya to four months in jail for contempt of court.
It had directed the Ministry of Home Affairs to secure the presence of Mallya, who is in the United Kingdom since March 2016, to undergo the sentence. In its order passed on Monday, the top court noted Bhati's submission that it is in the fitness of things that the issue of sentence should be taken up once the person has been pronounced guilty.
"In the circumstances, we direct that the matter shall be listed on Friday (October 21) before this bench after conclusion of all matters before the respective courts for considering the issue regarding sentence to be awarded to Perry Kansagra for having committed contempt of orders passed by this court," the bench said.
"We must, at this stage, state that we have given enough opportunities to Perry Kansagra to put in his response or make submissions with regard to the issue of sentence but Perry Kansagra has chosen not be appear before this court," it said.
Kansagra, who holds dual citizenship of Kenya as well as the United Kingdom, fought a custody battle for his son with his estranged wife in Indian courts and gave undertakings that he will abide by the conditions. He later got the custody in 2020 from the apex court by allegedly giving a forged or wrong "mirror order" from the Kenyan High Court.
Later, he not only refused to obey the directions granting visitation or meeting rights to the mother but moved the Kenyan court for "declaration of invalidity of Indian jurisdiction and/or laws and/or judgments denying, violating and/or threatening to infringe the fundamental rights of the minor through purported and unenforceable judgments and orders relating to the minor under Articles 23(3) (d) of the Constitution of Kenya".
Taking into account the "fraud", "contumacious" behaviour of Kansagra, the top court had recalled its verdict and given a slew of directions against him including registration of a suo motu contempt case. (PTI)
