Fraud on judiciary in custody battle; SC seeks CBI report on steps taken to bring back Kenyan
New Delhi (PTI): Taking serious note of the fraud played upon it by a Kenyan citizen of Indian origin in a custody battle, the Supreme Court has sought a report from the CBI about the steps taken by it to secure his presence and ensure the transfer of custody of his minor son to his estranged wife here.
The top court also directed the Registrar of Assurances of Rajkot to give details about the rights and interests, if any, held by any other person in two properties of the convicted contemnor Perry Kansagra by October 8 so that it may proceed with their attachment.
A bench comprising Chief Justice Uday Umesh Lalit and P S Narasimha, on July 11, had convicted Kansagra of its contempt for playing "fraud" in securing the custody of his son from his estranged wife and not coming back to the Supreme Court again.
The bench on Friday last reminded the CBI that it was assured that every possible help and assistance shall be extended by the Union agencies and the Indian Embassy in Kenya in securing the presence of Kansagra and his minor son before this court.
Rajat Nair, learned advocate appearing for the CBI, submits that the status report shall be filed on or before October 08, 2022. Let the needful be done, the bench noted in the order.
It took note of the plea of the mother of the minor child that two properties at Rajkot of her estranged husband, who is not appearing before the top court, be attached.
Having found Kansagra guilty of violating its orders and committed contempt of court, the CJI-led bench has adjourned the matter to hear the contemnor on the issue of sentence a few times.
However, since the contemnor did not appear nor was he produced before the Court by way of last chance time was given and the matter was directed to be posted on August 18...After a few adjournments the matter is now posted before us. Even after grant of such facility and adjournment on a few occasions, Mr Perry Kansagra has not appeared before this Court, it noted.
It has now posted the suo motu contempt case on October 10 for considering the issue of sentence and its pronouncement after perusing the CBI report.
The bench would also consider the plea of the mother that a CBI officer or any responsible officer either working in the Ministry of External Affairs or the High Commission in Kenya be deputed to accompany Smriti Madan Kansagra to Kenya to meet the child and/or take appropriate proceedings in Kenya.
It has also sought the assistance of Additional Solicitor General Aishwarya Bhati in the case.
Kansagra, who holds dual citizenship of Kenya as well as the United Kingdom, fought a custody battle for his son with his estranged wife in Indian courts and gave undertakings that he will abide by the conditions, and later, he got custody in 2020 from the apex court by allegedly giving a forged or wrong mirror order from the Kenyan High Court.
Later, he not only refused to obey the directions granting visitation or meeting rights to the mother but shockingly moved the Kenyan court for declaration of invalidity of Indian jurisdiction and/or laws and/or judgments denying, violating and/or threatening to infringe the fundamental rights of the minor through purported and unenforceable judgments and orders relating to the minor under Articles 23(3) (d) of the Constitution of Kenya .
Taking into account the fraud contumacious behaviour of Kansagra, the top court had recalled its verdict and given a slew of directions against him including registration of a suo motu contempt case.
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Sujit Nair raises concerns over speculation of DMK-AIADMK understanding to block TVK
Chennai: Journalist and political commentator Sujit Nair has expressed concern over speculation that the Dravida Munnetra Kazhagam and the All India Anna Dravida Munnetra Kazhagam could explore a post-poll understanding to prevent Vijay-led Tamilaga Vettri Kazhagam from forming the government in Tamil Nadu.
In a social media post, Sujit Nair said the election verdict in Tamil Nadu reflected a clear public demand for political change and argued that the mandate should be respected irrespective of political preferences.
Referring to reports and political discussions surrounding a possible understanding between the DMK and AIADMK, he said he hoped such developments remained only speculative conversations and did not turn into reality.
Nair stated that if such an alliance were to take shape, it would raise serious questions about ideological politics in the country. He said TVK had emerged through a democratic electoral process and that the legitimacy to govern in a parliamentary democracy comes from the people’s verdict.
According to him, attempts to prevent an electoral winner from forming the government through unexpected political arrangements may be constitutionally valid, but many people could view them as politically opportunistic.
He further said that such a move could particularly affect the political image of the DMK, which has historically projected itself around ideology, social justice and opposition politics. Nair said that in ideological terms, the DMK appeared closer to TVK than to the AIADMK, and joining hands with its long-time political rival only to remain in power could weaken its broader political narrative.
He added that the same questions would apply to the AIADMK as well, as the party had spent decades positioning itself against the DMK and such an arrangement could create discomfort among its cadre and supporters.
Drawing a comparison with Maharashtra politics in 2019, Nair said he had expressed similar views when the Shiv Sena formed an alliance with the Indian National Congress and the Nationalist Congress Party after the Assembly elections.
He said post-poll alliances between long-standing political rivals often create a public perception that ideology and electoral mandates become secondary when political power equations come into play.
Nair also said such developments increase public cynicism towards politics and reinforce the belief among voters that ideology is often sidelined after elections.
He maintained that the Tamil Nadu verdict was emphatic and said respecting both the spirit and substance of the mandate was important for the credibility of democratic politics.
