Supreme Court - Daily Orders
Azim Hasham Premji vs India Awake For Transparency on 8 February, 2022
Bench: Sanjay Kishan Kaul, M.M. Sundresh
1
ITEM NO.1 Court 6 (Video Conferencing) SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 1177-1179/2021
AZIM HASHAM PREMJI & ANR.ETC. Appellant(s)
VERSUS
INDIA AWAKE FOR TRANSPARENCY & ORS.ETC. Respondent(s)
INTERLOCUTORY APPLICATION NOS 17371 & 17969 OF 2022
(Applications for permission to file additional documents)
([FOR DIRECTIONS]
Contempt Petition [C] No.60/2022 IN CRIMINAL APPEAL NOS.1177-
1179/2021
WITH
Crl.A. No. 1180-1182/2021 (II-C)
Crl.A. No. 1183-1185/2021 (II-C)
Crl.A. No. 1186-1187/2021 (II-C)
Crl.A. No. 1188/2021 (II-C)
Date : 08-02-2022 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MR. JUSTICE M.M. SUNDRESH
For Appellant(s) Mr. S. Ganesh, Sr. Adv.
Mr. Mahesh Agarwal, Adv.
Mr. Himanshu Satija, Adv.
Mr. Karan Luthra, Adv.
Ms. Aarushi Tiku, Adv.
Mr. E. C. Agrawala, AOR
Mr. S. Ganesh, Sr. Adv.
Mr. Mahesh Agarwal, Adv.
Mr. Himanshu Satija, Adv.
Mr. Karan Luthra, Adv.
Ms. Aarushi Tiku, Adv.
Mr. E. C. Agrawala, AOR
Mr. Mukul Rohatgi, Sr. Adv.
Signature Not Verified
Mr. Mahesh Agarwal, Adv.
Digitally signed by
Charanjeet kaur
Date: 2022.02.08 Mr. Himanshu Satija, Adv.
18:18:38 IST
Reason: Mr. Karan Luthra, Adv.
Ms. Aarushi Tiku, Adv.
Mr. E.C. Agrawala, Adv.
2
Dr. R. Prakash, Adv.
Dr. Pooja Jha, Adv.
Ms. Nandita Jha, Adv.
Mr. A. Mohan, Adv.
Mr. Vishwa Pal Singh, AOR
Mr. Vipin Nair, AOR
Mr. P.B. Suresh, Adv.
Mr. Arindam Ghosh, Adv.
Mr. Karthik Jayashankar, Adv.
Mr. Prakash Baghel, Adv.
For Respondent(s) Mr. R. Subramanian, Respondent in person
Ms. Shruti Agarwal, AOR
UPON hearing the counsel the Court made the following
O R D E R
Applications for permission to file additional documents are allowed.
We held detailed proceedings today running into almost an hour and a half. Mr. Subramanian accepts that he is at a stage of life where he wants to repent for his past conduct else otherwise, he will drown in a whirlpool of his own creation. He is willing to submit an affidavit seeking to make amends for his past conduct vis-a-vis the appellants and other parties to start a new chapter in his life. This of course will not take away from his responsibility and liability towards the various claimants in the Subhiksha/Vishwapriya litigation. He also undertakes to make available whatever assets he has in an endeavour to meet the claims of his investors.
We are sure that Mr. R. Subramanian has the ability to do something constructive if he switches his mind from the present path where he has created huge amount of 3 litigation only on account of what his professes as his inability to meet some part of his financial commitments. We have impressed upon him that if he was really without resources, remedy should not have been the path he has traversed. The result today is that he is faced with criminal contempt conviction, adverse orders under Section 138 Negotiable Instruments Act proceedings and manyfold other orders which according to his own admission seem to be drowning him now.
Mr. Mukul Rohatgi, learned senior counsel submits that if an affidavit is filed in which the list of companies and litigation is also set forth and an appropriate apology tendered to the appellants for the past conduct, only then would he be in a position to discuss the matter with the appellants and obtain their instructions whether they are willing to give up the money claim against him almost on a ground of charity and his inability to pay. Mr. Subramanian says that he will file an affidavit within a week. He also undertakes to not argue any case against at least the appellants and to bring to the notice of all Courts, even if a matter is otherwise listed, of the orders passed by us today as well as the stay orders which have been passed qua the present proceedings on 18.12.2020. The affidavit will undertake as follows:
1) An apology for the past conduct including initiating these proceedings in different forums; 4
2) An undertaking to withdraw all proceedings whether in this matter or otherwise initiated by him which are not in defence of claims in Subhiksha/Vishwapriya;
3) An undertaking for the future not to launch any proceedings and undertaking to wind up this organization and not to create any more organization nor to use his brilliance and help of other people to create further litigation.
4) The list of companies which will have any amount in them will be surrendered to Mr. Mukul Rohatgi’s clients.
Mr. Mukul Rohatgi, learned senior counsel is granted two weeks’ time to come back with instructions of his clients.
List for directions on 10.03.2022.
We may note that against the conviction and contempt proceedings, Mr. Subramanian and the other contemnors are stated to have filed Criminal Appeals before this Court which are yet to be numbered. He may take appropriate steps to get them numbered and listed for consideration. Contempt Petition [C] No.60/2022 IN CRIMINAL APPEAL NOS.1177-1179/2021 Issue notice.
Respondent No.1 accepts notice for himself and on behalf of respondent No.2 and will file a reply within 5 two weeks.
List on 10.03.2022.
The proceedings in pursuance to PCR Nos.28-29/2020 pending before XXIII Additional City Civil and Sessions Judge & Special Judge (P.C. Act) Bengaluru are stayed. We consider the matter serious enough to call for a report from the Sessions Judge concerned in view of his having issued a summoning order predicated on the identity with criminal complaints PCR Nos.2,3 and 4 of 2018 and recording the same in the order noticing that the quash proceedings filed by the appellants have been dismissed but not noticing that this Court had stayed the proceedings in pursuance to those cases to state before us whether our order of stay proceedings had been brought to the notice or was in the knowledge of the Sessions Judge. We have called for the report as Mr. Subramanian states categorically before us that the learned Sessions Judge, dealing with the matter was fully aware of the interim order passed by this Court based on the proceedings which happened when he was present in the Court. The Sessions Judge may send the report within two weeks.
A copy of the order be forthwith transmitted to the Sessions Judge.
(ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)