Arham Jain
On February 21, the Supreme Court ordered the Central Bureau of Investigation (CBI) to look into, how a man who was facing contempt charges escaped to the United States even though his Indian passport had been submitted with the court.
A Division- Bench consisting of Justices Manmohan and Sudhanshu Dhulia ordered the CBI to file a formal complaint. The Court had previously issued a non-Bailable warrant against him on January 29 and directed the Home Ministry to take all legal measures to guarantee his arrest.
The lawsuit is about a husband and wife’s protracted disagreement over child custody. The father was charged with contempt after he neglected to return the child from the United States.
Additional Solicitor General KM Nataraj told the court during the hearing that a report and airport CCTV video had been provided in a sealed cover. “What could have happened?” asked Justice Dhulia. What actions are being made in these situations?
In response, Nataraj said that a FIR would have to be filed and that the man had to be brought back. The Ministry of Home Affairs (MHA) was asked by Justice Dhulia if it was working with its counterpart in the United States to start the extradition process. Nataraj asked for instructions on how to register a FIR and agreed that contact would be required.
“He could not have done this without assistance. If he applied for US citizenship while depositing his Indian passport here, the US Embassy must have issued him travel documents without knowledge of his previous passport deposit”, stated by Justice Dhulia.
When asked, the man’s attorney said that the US Embassy had provided travel documentation and that he only possessed a green card, not a US passport. “You have complicated matters, dismissing his argument that child custody was the main issue. Before we do anything else, we’ll make sure you’re brought back”, said Justice Dhulia.
The individual had used “travel documents” supplied by the US Embassy to leave the country, it was discovered when the case was reopened at midday. On behalf of the petitioner, Senior Advocate Vipin Sanghi claimed that the guy had falsified his passport and other documents. He was transported in a wheelchair at the airport, according to CCTV footage.
Sanghi said that the man’s father had already been ordered by the Court to turn over his passport. Later, the guy consented to give up his own passport only in exchange for the recovery of his father’s. Sanghi asked the court to issue a Lookout Circular (LOC) against the father and confiscate his passport once more.
Following the hearing, the court ordered the CBI to begin an investigation and, if required, file a formal complaint right away. The Court verbally directed the man’s attorney to make sure the child returned to India, even though this was not included in the formal decision.
The matter will be heard after the three weeks.
Case Name- Rajyashree Chhokar vs. Manish Chhokar
Case Number- CONMT.PET. (C) No. 533-534/2022 in Crl.A. No. 1607-1608/2019
Judges- Justices Sudhanshu Dhulia and Manmohan