- (1.) This appeal has been preferred against the impugned judgment and final order dated 30.07.2007 passed by the High Court of Delhi at New Delhi in Contempt Case (Criminal) No. 8 of 2007 rejecting the said application filed by the appellant.
(2.) Facts and circumstances as stated by the parties, giving rise to this appeal are that: A. The appellant had been working as Deputy Director, Enforcement of Delhi Zone under the Directorate of Enforcement from 6.11.1996, and in that capacity, he conducted raids on various suspects under the provisions of Foreign Exchange Regulation Act (FERA), 1973 including one S.C. Barjatya, an alleged Hawala operator, as he had received an information that an amount of US$ 1.5 lakhs had been transferred from the account of Royalle Foundation in Swiss Bank Corporation, Zurich to the account of one S.K. Kapoor in HSBC Bank, Hong Kong. Subsequently, the said Shri S.C. Barjatya filed a complaint that the above transaction is forged and he is being falsely implicated. In view thereof, case No. RC S18/E0001/1999 was registered on 29.1.1999 against unknown officers of the Enforcement Directorate (hereinafter referred to as 'ED') and while enquiring into this complaint, the statements of various other persons were recorded. Passport of the appellant was seized on 4.3.1999. The statement of one Abhishek Verma was recorded under Section 161 of Code of Criminal Procedure, 1973, (hereinafter referred to as 'Cr.P.C.'), who had been arrested in that case. He was later enlarged on bail by the court and his statement under Section 164 Cr.P.C. was recorded, wherein he had stated that the appellant had been threatening him and extorting money from him while seeking information in respect of dealings in foreign exchange. B. A look out notice was issued against the appellant through the Interpol as he was absconding. The appellant was arrested on 23.12.1999 from Saharanpur where he was staying in a hotel under a fictitious name. The appellant was remanded to police custody for 5 days in the first instance, which was later extended to another 2 days till 31.12.1999. During the police custody, the appellant alleged to have been physically abused and humiliated. C. The appellant moved a bail application on 24.12.1999 which came for hearing on 3.1.2000 and 4.1.2000. During the course of proceedings, the learned Special Judge was shown a document purported to have been emanated from the Interpol Singapore on 29.12.1999 and sent to Interpol New Delhi in response to a requisition sent by Central Bureau of Investigation (hereinafter referred to as the 'CBI') through the Interpol Delhi on 16.12.1999. On the basis of the said information received from Interpol Singapore, the respondents- officers argued that the appellant had been in Singapore from 10.2.1999 to 14.2.1999 and though his passport which had been impounded did not contain any such stamp, and therefore he was possessing and using a forged passport with the same number. The Special Judge accepted the submissions and rejected the application of the appellant for bail vide order dated 6.1.2000. D. The respondents had been seeking more information from the Interpol Singapore and in response to the same, a reply dated 7.1.2000 was received that earlier communication dated 29.12.1999 was incorrect and the appellant did not enter into Singapore on the aforesaid dates i.e. 10.2.1999 to 14.2.1999. The said information dated 7.1.2000 was further confirmed by Interpol Singapore vide letter dated 12.1.2000. In further correspondence, the Interpol Singapore admitted its mistake vide communication dated 12.1.2000. E. Respondent No. 2 filed a remand application dated 13.1.2000 seeking further judicial custody of the appellant for 14 days. In that application also, it was not disclosed that the respondents had received a communication from Interpol Singapore that earlier communication informing about the appellant being in Singapore was not correct. The respondents continued to withhold the said information and did not bring it to the notice of the court. Even in a bail application filed by the appellant on 25.1.2000, claims were made that the appellant had not gone to Singapore on the aforesaid dates. Reply to the said application was filed by the CBI on 27.1.2000 denying the said facts without bringing the real facts to the knowledge of the court. It was only on 27.1.2000 when the appellant's counsel insisted that the appellant had not gone to Singapore in February 1999 that the respondent no. 2, the investigating officer, admitted that the appellant did not visit Singapore on the dates as alleged earlier and the investigating agency had subsequently received information from Interpol Singapore that the information furnished earlier was not factually correct. After taking into consideration the above fact, the appellant was granted bail wherein all the aforesaid facts had been incorporated in the bail order dated 29.1.2000. F. As per the appellant, on 26.7.2000, in another case before the Central Administrative Tribunal, he came to know about the subsequent communication sent by Interpol Singapore in this respect and thus, the appellant filed a Criminal Writ Petition No. 600 of 2001 before the High Court of Delhi to take action against the respondents which was disposed of vide order dated 28.5.2001 observing that the appellant may seek relief before the court of Special Judge where, according to the appellant, the CBI had misrepresented or concealed the correct information. Thus, in view of the observations made by the High Court, the appellant filed an application under Section 340 read with Section 195 Cr.P.C. on 1.6.2001 before the Special Judge for taking action against the respondents for suppressing the material facts. However, the said application was dismissed by the Special Judge vide order dated 14.2.2002. G. Aggrieved, the appellant took the matter to the High Court by filing an Appeal No. 199 of 2002. The High Court disposed of the said appeal vide judgment and order dated 16.12.2005 remanding the matter to the Special Judge to hear the parties on the application dated 1.6.2001 only on the issue of initiation of contempt proceedings and to answer the same in accordance with law. In view thereof, the Special Judge heard the said application and dismissed the same vide order dated 5.2.2007. H. Aggrieved, the appellant filed Criminal Contempt Petition No. 8 of 2007 on 16.5.2007 before the High Court of Delhi under Article 215 of the Constitution read with the provisions of the Contempt of Courts Act, 1971 (hereinafter referred to as the 'Act 1971'). On receiving notice in the said case, the respondents filed reply. I. The High Court disposed of the said petition after hearing the parties vide impugned judgment and order dated 30.7.2007 observing that the suppression or misrepresentation was not deliberate. Hence, this appeal.
(3.) Shri Ram Jethmalani, learned senior counsel appearing on behalf of the appellant has submitted that the respondents had been fully aware, after receiving the communication from Interpol Singapore, that information furnished to them earlier by the said Singapore authorities was not factually correct. In spite of the fact that the matter had been listed time and again before learned Special Judge, such information was withheld and being under the same impression that the appellant had travelled to Singapore, his judicial custody was extended. Even in the application filed by the respondents for remand for a further period, such a material fact had not been disclosed. It was only at a much later stage when the appellant had already suffered unwarranted judicial custody and the counsel for the appellant had been insisting that appellant did not visit Singapore between 10.2.1999 and 14.2.1999, the Investigating Officer/Respondent no.2 revealed that they have received information from the Interpol Singapore on 7.1.2000 that the version of the appellant was correct. Therefore, the appellant had been subjected to humiliation, insult and remained in judicial custody for a long time. Even the remand application dated 13.1.2000 was filed without disclosing such a fact. The appellant could be bailed out only on 29.1.2000 after remaining in jail for 36 days. It was the solemn duty of the investigating officer not to suppress the material fact from the court and the appellant would not have to face 36 days judicial custody in jail. The appellant had been approaching the authorities and courts time and again, however, could not get any relief from any authority or court. The application of contempt filed earlier was rejected by the Special Court. When the appellant approached the High Court by filing a criminal writ petition, the case was remanded to the Special Court on a particular issue. After remand, the case was considered and the same was also dismissed by the Special Judge. The High Court while dealing with the case under Article 215 of the Constitution, without giving any reason whatsoever, recorded a findings of fact that there was no deliberate attempt to cause any prejudice to the appellant. Hence, a finding not based on any reasoning or substantiated by any evidence, is not a judgment-in-fact. Therefore, the appeal deserves to be allowed.;