The Supreme Court on February 21 instructed the Central Bureau of
Investigation (CBI) to investigate how a man, facing contempt proceedings,
managed to travel to the USA despite having deposited his Indian passport with
the Court.
The case stems from an ongoing child custody dispute between a husband
and wife. Contempt proceedings were initiated against the man after he failed
to bring the child back from the USA.
A bench comprising Justices Sudhanshu Dhulia and Manmohan directed the
CBI to register an FIR. Earlier, on January 29, the Court had issued a
non-bailable warrant against him and instructed the Home Ministry to take all
necessary legal steps to ensure his arrest.
During the hearing, Additional Solicitor General KM Nataraj informed
the Court that a report, along with CCTV footage from the airport, had been
submitted in a sealed cover. Justice Dhulia questioned, "How could
this have happened? What steps are being taken in such cases?"
Nataraj responded that the man must be brought back, and an FIR would
need to be registered. Justice Dhulia inquired whether the Ministry of Home
Affairs (MHA) was coordinating with its counterpart in the USA to initiate
extradition proceedings. Nataraj confirmed that contact would be necessary and
requested a direction for FIR registration.
Justice Dhulia observed, "He could not have done this without
assistance. If he applied for US citizenship while depositing his Indian passport
here, the US Embassy must have issued him travel documents without knowledge of
his previous passport deposit."
Upon inquiry, the man’s counsel clarified that he did not hold a US
passport but only a green card, and that the US Embassy had issued travel
documents. He argued that the primary issue was child custody, but Justice
Dhulia dismissed this, stating, "You have complicated matters. First,
we will ensure you are brought back before addressing anything else."
When the case was revisited at noon, it was revealed that the man had
left the country using "travel documents" issued by the US Embassy.
Senior Advocate Vipin Sanghi, representing the petitioner, alleged that the man
had forged documents, including his passport. CCTV footage showed that he was
escorted in a wheelchair at the airport.
Sanghi also recounted that the Court had previously directed the man’s
father to surrender his passport. The man later agreed to surrender his own
passport only if his father’s was returned. Sanghi requested the Court to seize
the father’s passport again and issue a Lookout Circular (LOC) against him.
At the conclusion of the hearing, the Court directed the CBI to launch
an investigation and immediately register an FIR if necessary. Although not
included in the written order, the Court orally instructed the man’s counsel to
ensure the child’s return to India.
The matter is scheduled for further hearing in three weeks.
Case Title: Rajyashree Chhokar vs. Manish Chhokar | CONMT.PET. (C) No.
533-534/2022 in Crl.A. No. 1607-1608/2019
