SUBRATA ROY SAHARA versus UNION OF INDIA AND OTHERS

SUBRATA ROY SAHARA versus UNION OF INDIA AND OTHERS

The Supreme Court held that calculated tactics to seek recusal of Judges are to be strongly repulsed; judicial orders must be obeyed at all costs and cannot be circumvented; arrest and detention for enforcement of contempt orders is legal in financial matters when conditions analogous to Section 51 CPC are met; all principles of natural justice were followed in the proceedings; there was no bias; the criminal writ petition is not maintainable under Articles 129 and 142, as no jurisdictional error or error in law was demonstrated.

Parties
Petitioner: Subrata Roy Sahara; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
06 May 2014
Procedural Posture
Writ Petition (criminal) No. 57 of 2014 / Judgment on Maintainability and Legality of Arrest and Detention Orders for Contempt
Outcome
Petition dismissed
Legal Topics
Recusal of Judges, Arrest and Detention in Money Decrees, Compliance With Court Orders, Natural Justice, Bias, Abuse of Court Process
Judicial Practice and Procedure Contempt of Court Financial Crime Securities Law Recusal of Judges Arrest and Detention in Money Decrees Compliance With Court Orders Natural Justice +2 more

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Parties

Subrata Roy Sahara

Petitioner

Union of India and Others

Respondents

Procedural Posture

Writ Petition (criminal) No. 57 of 2014 / Judgment on Maintainability and Legality of Arrest and Detention Orders for Contempt

Legal Issues

  1. 1 Should the Bench recuse itself from hearing the case?
  2. 2 Are judicial orders to be obeyed at all costs?
  3. 3 Is arrest and detention of contemnors legal for enforcement of Supreme Court directions in financial matters?

Ratio Decidendi

The Supreme Court held that calculated tactics to seek recusal of Judges are to be strongly repulsed; judicial orders must be obeyed at all costs and cannot be circumvented; arrest and detention for enforcement of contempt orders is legal in financial matters when conditions analogous to Section 51 CPC are met; all principles of natural justice were followed in the proceedings; there was no bias; the criminal writ petition is not maintainable under Articles 129 and 142, as no jurisdictional error or error in law was demonstrated.

Court Disposition

Petition dismissed

Orders

  • There is no merit in the contention for recusal of this Bench.
  • Disobedience of Court orders cannot be permitted; contempt jurisdiction invoked.