GUWAHATI: The Supreme Court of India has expressed astonishment after discovering that a man facing contempt proceedings in a child custody dispute managed to travel to the United States, despite his passport being held by the Court. The Court had previously ordered him to surrender his passport. On January 29, the Court was informed that the man had left India.
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“We are amazed as to how the alleged contemnor/respondent can leave for the USA, or for that matter any country, without a passport, as his passport is in the custody of this Court,” remarked the bench comprising Justices Sudhanshu Dhulia and Prashant Kumar Mishra.
The Court issued a non-bailable warrant for the man's arrest, directing the Home Ministry to take all necessary legal steps to apprehend him and bring him to justice.
Furthermore, the Court requested K.M. Nataraj, Additional Solicitor General (ASG), to explain “how the respondent was permitted to leave this country without a passport and the leave of this Court.” The ASG, with the assistance of the Home Ministry, was also asked to investigate and identify who aided the respondent's escape, including any officials or other individuals involved.
The Court was hearing a contempt petition in a child custody case. The respondent had been ordered to hand over the child to the petitioner (mother) but failed to comply. He was also directed to attend all hearings. Despite his counsel's assurance of his presence on January 29, he was absent. When the case was heard on that date, Senior Counsel Vikas Singh, representing the respondent, informed the Court that he had left for the US, prompting the Court's strong reaction.