India News | SC Imposes 1-yr Jail Term, Rs 25 Lakh Fine on Kenyan Citizen for Playing Fraud in Custody Case

New Delhi, Nov 4 (PTI) Taking a strong view of "wilful disobedience" of its orders, the Supreme Court has awarded one year jail term to a Kenyan citizen of Indian origin besides imposing a fine of Rs 25 lakh for committing civil and criminal contempt by playing "fraud" on it in securing the custody of his son from his estranged wife.

A bench comprising Chief Justice Uday Umesh Lalit and Justice P S Narasimha directed the Centre including its agencies to act with "due diligence and utmost expediency" and secure the presence of the contemnor for undergoing the jail term for the offences of civil and criminal contempt of its orders.

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Perry Kansagra was convicted for contempt by the top court on July 11 for playing "fraud" in securing the custody of his son from his estranged wife and not coming back to the apex court despite giving the undertaking to this effect.

"The ... facts are mentioned only to demonstrate that the contemnor has deliberately and with a clear intention committed egregious acts of contempt. These acts constitute willful disobedience of the judgment, direction and order of this court coupled with willful breach of the undertaking given by the court which constitute civil contempt," Justice Narasimha, writing the 30-page judgement for the bench, said.

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Besides imposing a fine of Rs 12.5 lakh each for civil and criminal contempt, the bench awarded six months jail term each for two offences and ordered: "In view of the egregious acts of civil as well as criminal contempt, we further direct that the sentences shall be served consecutively."

"We also direct the Ministry of Home Affairs, Government of India to secure the presence of the contemnor to undergo the imprisonment imposed upon him. Needless to say, the Government of India including the Ministry of External Affairs and other agencies or instrumentalities shall carry out the directions issued by the court with due diligence and utmost expediency," it said.

It ordered the Centre to file a compliance report in its registry by December 9 and fixed the case for further hearing on December 15.

"We further direct that the total fine of Rs 25 lakh as indicated ..., to be deposited by the contemnor in the Registry of this court within four weeks from today and the same shall be released to Smriti Kansagra upon an application filed by her," it said.

The verdict referred to the sequence of events in the case to say that these developments showed the "defiant and contumacious posture" of the contemnor.

"There is concrete material and reason to believe that it was a well-planned conspiracy on part of Perry to persuade this court to pass orders in his favour and allow him the custody of ... (child) and then turn around and defy the orders of this court," it said.

Earlier, the bench had asked the Centre to ensure that the Indian embassy in Kenya render all assistance to the woman in securing the custody of her son from her estranged husband.

It had also ordered the release of Rs 25 lakh, out of total Rs one crore deposited with the apex court registry by the contemnor earlier as security, to the woman to pursue the legal and other remedy in Kenya for securing the custody of her son.

"Additional Solicitor General Aishwarya Bhati submits that the Indian embassy in Kenya shall extend every possible support and help to ... in Kenya on every count in helping her get the custody of the child," the bench had noted in the order.

The bench had said the woman wanted to travel to Kenya during Christmas vacation in pursuit of getting the custody back of her son and directed the Centre that "every possible step needed shall be taken to expedite the process".

Prior to this, the bench had reserved its verdict on the punishment to be awarded to Kansagra.

The ASG and senior advocate Sonia Mathur, appearing for the Centre and the mother of the child respectively, had sought the severest punishment for Kansagra for disobeying various orders of the apex court, besides a direction to the authorities that the woman be granted the custody of her son who was taken to Kenya by the contemnor by playing fraud upon the court.

The top court, on July 11, had convicted Kansagra of its contempt for playing "fraud" in securing the custody of his son from his estranged wife and not coming back to the Supreme Court again.

Kansagra, who holds dual citizenship of Kenya as well as the UK, fought a custody battle for his son with his estranged wife in Indian courts and gave undertakings that he will abide by the conditions, and later, he got custody in 2020 from the apex court by allegedly giving a forged or wrong "mirror order" from the Kenyan High Court.

Later, he not only refused to obey the directions granting visitation or meeting rights to the mother but shockingly moved the Kenyan court for "declaration of invalidity of Indian jurisdiction and/or laws and/or judgments denying, violating and/or threatening to infringe the fundamental rights of the minor through purported and unenforceable judgments and orders relating to the minor under Articles 23(3) (d) of the Constitution of Kenya".

Taking into account the "fraud" contumacious behaviour of Kansagra, the top court had recalled its verdict and given a slew of directions against him including the registration of a suo motu contempt case.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)