SC issues non-bailable arrest warrant against US man for breach of repeated orders

New Delhi: The Supreme Court has issued a non-bailable warrants of arrest against a man, residing in the USA, after he failed to pay fees of his son and turn up before the top court, despite repeated orders.

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra directed the Union Government to ensure that the presence of the first respondent, (the man) is secured to answer the charge of contempt of court by taking all necessary steps in accordance with law in that regard.

"The first respondent has failed to remain present and continues to be in breach of the orders and undertaking. Accordingly, in exercise of the power conferred by Rules 11(1) of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, we direct that a non-bailable warrant of arrest to secure the presence of the first respondent shall be issued by the Registry," the bench said.

After hearing advocates P B Suresh and Vipin Nair for the aggrieved mother, the court had on December 15, 2023, directed the issuance of notice to the first respondent and ordered him to remain personally present on January 3, 2024.

The office report also indicated that service has been completed to him.

Additional Solicitor General Aishwarya Bhati for the Union government submitted that her statement was recorded on the last date that the first respondent is the holder of an Indian Passport, the statement needs to be corrected inasmuch as the first respondent is a US citizen.

The court ordered listing the petitions on March 4, 2024.

The court had on December 15 asked the man to show cause as to why contempt proceedings should not be initiated against him for failing to comply with the orders to pay his son's fees.

The matter before the court arose out of a custody battle between estranged couple over the son studying in the University of California at San Diego, US.

The counsel had then suggested the court to direct the government to pursue extradition proceedings, if the man filed to turn up before the bench.

The bench had then noted despite sufficient opportunities, the first respondent (the man) has failed to comply with the solemn undertaking which was furnished to this court of paying for the tuition fees and living expenses of the son of the parties who is pursuing education in the University of California at San Diego, US.

By the order of December 1, 2023, the first respondent was directed to pay the amount due on or before December 5, 2023, failing which he was to remain personally present before this Court on December 8, 2023 to answer the charge of being in breach of the orders.