‘We Are Trying To See If He Improves His Behaviour’: Supreme Court Defers Sentencing Of Suraz India Trust Chairman Rajiv Daiya For Contempt

On May 1, 2017, the Supreme Court had imposed an exemplary cost of Rs.25 lakh on the NGO, Suraz India Trust, for filing frivolous petitions and wasting judicial time; and restrained the trust and its chairman, Rajiv Daiya, from filing any case, including PIL, in any court.

In 2020, notice was issued to the NGO for not having deposited the cost imposed in view of the observations made in its order dated May 1, 2017. The Apex Court also required the disclosure of all movable and immovable assets of the original petitioner so that the costs can be recovered. He was asked to deposit the money within a month’s time.

In February 2021, the Court had issued bailable warrants against Daiya for not depositing the cost of Rs. 25 lakh imposed on the NGO for filing 64 PILs before various High Courts and the Supreme Court without any success, and 'repeatedly misusing' the jurisdiction.

On Wednesday, appearing in person before a Bench comprising Justice S.K. Kaul and Justice M.M. Sundresh, Daiya apprised it that the departmental proceedings by the State of Rajasthan (he is a government employee) is over and he has been visited with the punishment of compulsory retirement. In view of the same he sought some time from the Court to deposit the cost. He ensured the Bench that he would deposit the cost once he receives the retirement benefits. Granting further time to make the deposit, the Bench deferred the sentencing. As the hearing came to an end, Justice Kaul reckoned -

“We are trying to see if he improves his behaviour and conducts himself well.”

The matter is next listed on 11th April, 2023 at 2PM.

In April, 2021, the Court came to know that Dahiya was an employee of the Rajasthan Government and asked the State Government to file an affidavit disclosing the nature of employment and also whether the activities carried out by Dahiya are permissible.

“What job does he do with the state? He has been raising scandalous allegations! He has been filing case after case, even after many cases had been dismissed! There were costs imposed on him but he is still continuing to do this! Can such a man even work for the state? Is he permitted to do all of this as a government servant? This is not acceptable to us! Look at what he is doing!”, Justice Kaul had said.

Thereafter, the State Government had initiated a departmental proceeding against Dahiya, which appears to have culminated in his compulsory retirement.

[Case Title: Suraz India Trust v. UoI MA 1630/2020 in WP(C) No. 880/2016]