Supreme Court Grants Bail To Litigant Taken Into Custody For Not Depositing Cost & Contemptous Remarks, Frames Contempt Charges

The Supreme Court today (March 18) granted bail to Upendra Nath Dalai, the man against whom contempt proceedings are going on for non-payment of cost imposed by the Court as well as for making contemptuous remarks against the Court. In addition to the civil contempt charges, the bench proceeded to initiate charges of criminal contempt as well. 

The Bench of Justice CT Ravikumar and Justice Rajesh Bindal had in January this year issued non-bailable warrant against Dalai after he failed to appear. He was taken into custody which was extended from time to time.

The issue stems from the dismissal of the contemnor's PIL which sought to declare Satsang founder Sree Sree Thakur Anukulchandra a "parmatma". This PIL was dismissed by the top Court while imposing an exemplary cost of Rs.1 lakh. However, Dalai failed to deposit the cost of Rs. 1 lakh imposed on him. As a result, the present suo motu contempt case came to be initiated by the Court last year. 

For a detailed background of the matter, click here.

On an earlier occasion, Dalai insisted on access to his mobile phone lying in custody at a police station. Declining access, the Court had directed that Dalai be provided with all relevant documents by jail authorities to enable him to file a reply if he chooses to do so. However, only on the last hearing did he hand over a reply in Court without filing it procedurally. 

The reply instead of tendering an apology contained additional contemptuous remarks. Despite being offered legal assistance by the Court, the contemnor insisted on defending by himself. In light of the seriousness of the matter, the Court then appointed Senior Advocate PN Mishra as an Amicus Curiae for assistance.   

Yesterday, the Court added additional criminal contempt charges "for making contemptuous statements in filing his email reply on 5.9.2023 and subsequent reply dated 13.3.2024 whereunder he scandalized and lowered the authority of this Court." 

While granting bail to the contemnor it was observed : 

"Though we are not satisfied with the manner in which the alleged contemnor is responding to the notices and queries of the Court, we think it is only in the interest of justice to enlarge him on bail subject to the terms and conditions to be imposed by the Chief Judicial Magistrate, Balasore, Odisha and in that regard, the alleged contemnor shall be produced before the Court of C.J.M, Balasore on or before 21.3.2024."  

Pending a decision from the CJM, the bench clarified that the contemnor is required to attend or be presented before this Court on April 2, 2024, at 2:00 p.m. 

While acknowledging the character of the present proceedings, the Court directed the Registry to refrain from accepting any new filings or appeals from the contemnor, aside from those pertaining to the current case till the time the present matter is not decided. 

" Taking note of the nature of the proceedings, we are of the considered view that till a final decision is taken in the above proceedings, the Registry shall not entertain any fresh petition/application filed by the alleged contemnor except in the present proceedings." 

The matter will now be heard on April 2 at 2:00 PM. 

 Case Title: In Re: Contempt Against Upendra Nath Dalai | SMC (C) No(s).3/2023 (and connected matter)

Click here to read the order