Delhi High Court - Orders
Satula Devi vs Govt. Of Nct Of Delhi And Ors on 2 June, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
20:38:26
$~5 to 7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1271/2020 and CM APPL. 4396/2020, 7762/2020,
23213/2020, 8291/2021, 8292/2021, 8293/2021, 15964/2021,
17471/2021
SATULA DEVI ..... Petitioner
Through: Mr. Vikas Singh, Sr. Adv. With Mr.
Varun Singh, Ms. Deepika Kalia, Mr.
Mrityaunjaya Singh, Mr. Akshay
Dev, Mr. Rishabh Rana & Mr. Satwik
Misra, Advs
versus
GOVT. OF NCT OF DELHI AND ORS. ..... Respondents
Through: Mr. Anupam Srivastava, ASC for R-
1, GNCTD.
Mr. K.K. Rai, Sr. Advocate with Mr.
Anshul Rai, Mr. S.K. Pandey, Mr.
Chandrashekhar AC, Mr. Awanish
Kumar and Ms. Sreoshi Chatterjee,
Advocates for R-3.
Mr. Mahesh Jethmalani, Sr. Advocate
with Mr. Ravi Sharma and Mr. Anjani
Kumar Rai, Advocate for R-4.
Dr. Abhishek Manu Singhvi, Sr.
Advocate with Mr. B. Shravanth
Shanker, Advocate for R-5 (M:
9711211221).
Mr. Gopal Subramanium, Sr.
Advocate, Mr. Mohit Mathur, Sr.
Advocate with Mr. D. Abhinav Rao,
Ms. Ujwala Uppaluri and Mr. Pavan
Bhushan, Advocates for R-6.
Mr. Sandeep Sethi, Sr. Advocate with
Mr. D. Abhinav Rao, Advocate for
Applicant (Mr. Umesh Sharma) (M:
9818144867).
W.P.(C) 1271/2020 & connected matters Page 1 of 10
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
20:38:26
6 WITH
+ CRL.M.C. 2182/2020
MR. X ..... Petitioner
Through: Mr. Vikas Singh, Sr. Advocate with
Mr. Varun Singh, Mr. Mritunjay
Singh, Ms. Deepeika, Mr. Kapish
Seth, Ms. Samruddhi Bendbhar and
Mr. Abhijeet Pandey, Advocates.
versus
GOVT. OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Mohit Mathur, Sr. Advocate with
Mr. D. Abhinav Rao, Adv. for R-3.
Mr. Amit Chadha, APP for State (M:
9911116613).
7 AND
+ CRL.M.C. 2184/2020 and CRL.M.A. 4741/2021
SATULA DEVI ..... Petitioner
Through: Mr. Vikas Singh, Sr. Advocate with
Mr. Varun Singh, Mr. Mritunjay
Singh, Ms. Deepeika, Mr. Kapish
Seth, Ms. Samruddhi Bendbhar and
Mr. Abhijeet Pandey, Advocates.
versus
GOVT. OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Mohit Mathur, Sr. Advocate with
Mr. D. Abhinav Rao, Adv. for R-2.
Mr. Amit Chadha, Additional Public
Prosecutor for State.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 02.06.2021
1. This hearing has been done through video conferencing.
2. Further to the previous order, the Court Commissioner and the Assistant Court Master of this Court Mr. Ankit Kumar have reached the residence of the DMP at No.4, Safdarjung Lane. They are maintaining all W.P.(C) 1271/2020 & connected matters Page 2 of 10 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:03.06.2021 20:38:26 Covid-19 norms including wearing of masks.
Online appearance through Cisco Webex of the DMP, Ms. Uma Devi and Ms. Kanchana Rai in the presence of the Court Commissioner:
3. Through the video conference link which was generated by the Court Master, the Court has attempted to interact with the DMP. However, the DMP is unable to respond to any of the questions which have been put by the Court. When asked as to with whom he is living, the response of the DMP was that he is living with Bhagwan and he is unable to answer any questions relating to his daily routine. On being queried as to how many children he has, he initially said 6 and then 5. He is also unable to state as to whether his children are sons or daughters or name them. When asked as to who is his wife, he said that he has one wife and her name was initially stated to be `Pani' and thereafter he said `Madam'.
4. Mrs. Uma Devi also joined the hearing online in the presence of the Court Commissioner. She was initially asked about the daily routine of the DMP. She is fully aware of the daily routine including the medicines being administered to him on a daily basis. She has informed the Court about the DMP's daily routine. She states that the first time she noticed a change in the behaviour of the DMP was in May, 2018 when he was admitted in AIIMS. At that time, though he was broadly okay, he used to repeat his sentences. He is 81 plus and Dr. Kameshwar Prasad, Neurologist, AIIMS, was consulted at that time. Since then, there has been a change in behaviour. However, in December, 2020, he suffered an asthmatic attack and was again admitted in AIIMS. Subsequently, he was admitted to Apollo Hospital, developed pain on the right side and an angiography was conducted which W.P.(C) 1271/2020 & connected matters Page 3 of 10 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:03.06.2021 20:38:26 revealed some blockages in the heart. Open-heart surgery was performed by Dr. Nanda. According to Mrs. Uma Devi, the DMP's physical and mental condition improved substantially after the open-heart surgery and he started walking also. In July, 2020, however he contracted Covid and after his treatment of Covid, he seems to have lost a substantial part of his memory. In October, 2020 he again suffered an asthmatic attack. In February, 2021, his oxygen levels were dropping and he was accordingly admitted to Apollo hospital and after various tests were conducted, he was discharged. The medicines to be given to him were also confirmed by the doctors. Currently, he is comfortably staying at home.
5. Mrs. Uma Devi confirms that apart from her, Ms. Kanchana Rai also lives in the same house. In her opinion, the two sons, Mr. Rajeev Sharma and Mr. Ranjit Sharma have been estranged from the DMP. The DMP has a total of six grandsons, two each from each of the sons. On the question of assets/properties of the DMP, she makes a categorical assertion that she does not need anything from the DMP's assets and money and that she only requires that he lives happily and family does not disturb his comfortable living. She informs the Court that the DMP may have executed a Will about ten years ago.
6. Ms. Kanchana Rai states that she is living with the DMP and Uma Devi in the official residence of the DMP. From the maternal side, she belongs to Ariya Village, Nawada Zilla in Bihar. She stated that she was married to Mr. Devender Rai, the second son of the DMP in 1998. She initially lived in Bombay and sometimes she also lived in Delhi. She claims to be not fully aware of from which constituency the DMP is elected to Rajya Sabha though she guesses the same to be Jahanabad. It is stated that W.P.(C) 1271/2020 & connected matters Page 4 of 10 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:03.06.2021 20:38:26 her husband passed away in 2011 as he was suffering from high blood sugar and also had a heart condition. He was 47 years of age. She has two sons. The older son has just graduated and the second son is in 12th standard. Then asked as to whether other sons of the DMP were involved in the family business, she stated yet until a few years ago they were involved in the business. She also stated that she has good relations with Mrs. Satula Devi and she refers to her as `Ma-ji'. This was until there were several cases which were filed against her. She refers to Ms. Uma Devi as Mummy and stated that in her wedding, along with the DMP all the ceremonies were performed by Ms. Uma Devi. When asked as to who is operating the bank accounts etc., of the DMP she claims that till some months ago, the DMP himself was signing the cheques, however, as of late, she is not aware as to who is operating the bank accounts. She said that the Secretary of DMP, Mr. Narayanan would be aware of the same.
Online appearance through Cisco Webex of the Mrs. Satula Devi, Mr. Rajeev Sharma and Mr. Ranjit Sharma:
7. A separate link was generated by the Court Master to enable the appearance of Mrs. Satula Devi, Mr. Rajeev Sharma and Mr. Ranjit Sharma. Initially Mrs. Satula Devi had some difficulty in connecting. So, the Court interacted with Mr. Rajeev Sharma, who is the oldest son of the DMP, living in Mumbai, who appeared along with his wife. He informed the Court that he is currently doing some small commission business and he has been removed from the family businesses. He has two sons. According to him, he had enjoyed an excellent relationship with his father and he was made a Director in M/s Aristo Pharmaceuticals Pvt. Ltd. since 1983 itself. He was W.P.(C) 1271/2020 & connected matters Page 5 of 10 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:03.06.2021 20:38:26 always given more shares than his brothers and in 1986, he became the Director in another company, namely, M/s Mapra Laboratories Pvt. Ltd. and he was in-charge of the entire management. He continued even in M/s Aristo Pharmaceuticals Pvt. Ltd. which he left subsequently to take care of M/s. Mapra. Till September, 2018, he continued to work with the family businesses. However, he was removed in September, 2018. From April, 2018, his salaries had been stopped and his shares were transferred to his mother initially and thereafter to Ms. Kanchana Rai. He submits that he had a joint bank account with his father and after the demise of his second brother - Mr. Devendra Rai, he started living in a flat below his father's flat. This was an arrangement which the father had suggested so that he can take care of his father as also his brother's family. Subsequently, after 2018, Ms. Uma Devi started manipulating the whole family through the uncle - Mr. Umesh Sharma and all the authority was taken away from him. He could not even sign any cheques. From 2018 onwards, he was completely ousted from the business of M/s Aristo Pharmaceuticals Pvt. Ltd and M/s Mapra Laboratories Pvt. Ltd. His one son is doing freelance work and one is in the field of acting. Mr. Rajeev Sharma stated that DMP was always very close to all the sons, daughters-in-law and grandchildren. They would also accompany him on various social and political occasions. According to him, Ms. Uma Devi did not have any children and she became vengeful towards his mother and the children and hence the relationships deteriorated.
8. Mrs. Satula Devi has also joined the Court proceedings today. Though the proceedings are online, she could comprehend and could answer the questions of the Court, with the help of the lady nurse who was present with her. It appears that she does have some hearing impairment. She stated that W.P.(C) 1271/2020 & connected matters Page 6 of 10 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:03.06.2021 20:38:26 when she was married to the DMP her father had given 4.5 kilos of gold, from which the DMP started his business. She stated that she has three sons and one son has died. She blames Ms. Uma Devi and Ms. Kanchana Rai for the death of her son. She used the words that her son was 'Hatta katta' and she is quite upset that he had passed away. She also answered the Court that she has grandsons and she does not have a grand-daughter or daughter. During the interaction with the Court, she became emotional and also cried during the proceedings. She stated that her husband used to respect her and all the daughters-in-law. However, in Hindi she stated that 'Abhi to main vyakul hoti hoon'. She stated that Ms. Uma Devi 'Nakli dikhawa karti hai'. She is comfortable in the Vasant Vihar flat where she is living. There are two nurses who take care of her. She also informed that the daughter-in-law (Bahu) - wife of Mr. Ranjit Sharma also takes care of her. When queried as to when she last met her husband, the DMP, she could not recall. She, however, expressed that she would like to meet him.
9. Mr. Ranjit Sharma stated that his father was always very close to the family members and on social occasions including birthdays and anniversaries, he would require 100% attendance of all children, daughters- in-law and grandchildren. Most of the time, he would expect the family members to travel to Delhi. Thereafter, he also started to travel to Mumbai to attend social occasions, just to avoid so many family members travelling to Delhi. He always referred to the daughters-in-law as `Beti'. After March, 2018 elections, Mrs. Uma Devi stopped access to all the family members with the DMP. Until 1990, Mrs. Uma Devi had no passport. From 1997 onwards, when he was admitted to Leelawati Hospital, the medical condition of the DMP had deteriorated. In 1999, AIIMS gave a report that W.P.(C) 1271/2020 & connected matters Page 7 of 10 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:03.06.2021 20:38:26 the DMP was having small strokes. Since, then in her passport she started reflecting the DMP as her husband. Even in the DMP's passport, only post 2000, the DMP has shown Mrs. Uma Devi as the wife. In 2013, DMP was diagnosed with Encephalopathy and in 2018 with Frontotemporal Dementia when the Habeas corpus petition was filed.
10. Initially, all the sons were part of the business. Mr. Ranjit Sharma claimed that he was the joint Managing Director with his father for several years. Even in 2013, he travelled abroad as the Joint Managing Director of M/s Aristo Pharmaceuticals Pvt. Ltd. Around 2014-15, the process of transferring of money, shares, properties from Mrs. Satula Devi's accounts to Ms. Kanchana Rai's children began at the behest of Mrs. Uma Devi and thereafter the entire shareholding has been transferred to Ms. Kanchana Rai. Mr. Rajeev Sharma states that he was manhandled by Mrs. Uma Devi's helpers when he made attempts to meet his father and he was not allowed to meet him. This resulted in filing of criminal complaints. He submits that since 2019, in order to keep himself busy and to have a livelihood, he has started two companies which are not connected to the family business in any manner. He states that he has travelled with his father to more than 100 countries and this itself proves that the DMP had no difficulty with him or his brother - Mr. Rajeev Sharma.
11. After meeting with the parties, some submissions were also made by ld. Sr. Counsels. After hearing parties and also considering the mental and physical condition of the DMP, as also the fact that Mrs. Satula Devi has not met the DMP for a long time, it is directed as under:
i) Mrs. Satula Devi along with one lady nurse would meet the DMP tomorrow i.e. 3rd June, 2021 at 11:00 a.m. at the residence of W.P.(C) 1271/2020 & connected matters Page 8 of 10 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:03.06.2021 20:38:26 the DMP at 4, Safdarjung Lane, New Delhi, 110011. She can spend at least 4 to 5 hours at the residence and it is assured by the ld. Counsel for Mrs. Uma Devi and Ms. Kanchana Rai that her visit would be made comfortable, so that she would be able to meet the DMP in a congenial atmosphere;
ii) Between 11 AM to 4:00 PM, the Court Commissioner may visit the residence of the DMP to submit a report to the Court as to the interaction of the DMP with Mrs. Satula Devi along with a report of today's visit. The Local Commissioner's report be placed before this Court by email to the Court Master on or before 7:00 p.m. of 3rd June, 2021. The Court commissioner may also be assisted by Mr. Ankit Kumar the assistant Court Master, who had visited the residence of the DMP even today;
iii) Mr. Vikas Singh, ld. Senior Counsel assures the Court that in the proceedings which are listed on 4th June, 2021 before the ld.
Single Judge which relates to the cancellation of bail of Ms. Kanchana Rai, an adjournment would be sought;
iv) Ld. Counsel for Mrs. Uma Devi shall place on record a complete list of medications being administered currently to the DMP along with the prescriptions thereof. Let the same be filed by 7:00 p.m. on 3rd June, 2021.
12. All the documents which are to be emailed by the Local Commissioner or by Mrs. Uma Devi's counsel shall be emailed only to the Court Master and shall not be shared with the counsels.
13. List on 4th June, 2021 at the end of board.
14. On behalf of the sons and the grandsons of the DMP, Mr. Jethmalani, W.P.(C) 1271/2020 & connected matters Page 9 of 10 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:03.06.2021 20:38:26 ld. Senior Counsel submits that they should also be permitted to meet the DMP. The said prayer would be considered after hearing the parties.
15. The fee of the Court Commissioner has already been fixed vide order dated 28th May, 2021. The fee of Assistant Court Master Mr. Ankit Kumar is fixed at a lumpsum of Rs.50,000/- for both dates, to be equally shared by both sides.
16. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as the certified copy of the order for the purpose of ensuring compliance. No physical copy of orders shall be insisted by any authority/entity or litigant.
PRATHIBA M. SINGH, J.
JUNE 2, 2021 MR/Rahul/RC W.P.(C) 1271/2020 & connected matters Page 10 of 10