06 March 2024 Civil Revision >> Civil & Consumer Law  

A recent court order in a contempt case against Upendra Nath Dalai has sparked an unusual debate. Mr. Dalai, facing charges of contempt of court, has refused to file a response, citing the lack of his mobile phone which is currently in police custody. This has led to a standoff between Mr. Dalai and the court, with the latter offering an alternative solution that has been met with resistance. 

Facts:

• A typographical error was identified in the order dated March 4, 2024, in the second line of the second paragraph. The word "not" was erroneously used and is hereby deleted. (Order Correction)
• Upendra Nath Dalai (alleged contemnor) was served with a contempt notice. The court granted additional time for Dalai to respond to the notice beyond the initial request.
• Dalai failed to file a response to the contempt notice within the allotted timeframe. Dalai appeared in person before the court and claimed he was unable to file a response because his phone was in the custody of the SHO, Deshbandhu Gupta Road Police Station, Karol Bagh, New Delhi.
• The court verified that relevant case materials were already on record.
• Dalai refused to accept copies of the relevant case materials provided by the registry and further stated his preference to remain in jail/custody until his phone is returned.

Conclusions:

• The court determined that providing a copy of the relevant case materials would sufficiently enable Dalai to prepare his response.
• The court rejected Dalai's request to retrieve his phone from police custody.
• The court directed the registry to furnish Dalai with copies of all relevant case materials on record.
• The court clarified that the option to file a response remains open to Dalai.
• The court noted Dalai's preference to remain in jail rather than accept the provided materials.
• The court set a deadline of March 13, 2024, for Dalai to file a response.
• The court warned that failure to file a response by the deadline may result in charges being framed against Dalai.
• The court ordered Dalai to remain in custody until March 13, 2024.
• The court instructed the superintendent of Tihar Jail to provide Dalai with facilities to prepare and file a response to the notice.