E-Paper
‘Hoodwinked court’: SC orders Centre to invoke US treaty to secure return of man
The court refused to allow the man to appear virtually, ruling that it would not allow anyone to pollute the stream of justice. “This involves the dignity of the highest court”
NEW DELHI: The Supreme Court on Tuesday ordered the Centre to invoke the mutual legal assistance treaty with the United States to ensure the return of an Indian national who violated its order on a child’s custody and “surreptitiously” escaped to the US after getting an emergency travel document from the American embassy.
The Union government has been directed to file a status report on its efforts after eight weeks.
The contemnor, who is accused of defying court orders to appear in court, moved an application through his lawyer to appear virtually.
The bench firmly rejected the suggestion. “We will not allow anyone to pollute the stream of justice. This involves the dignity of the highest court. Avoidance of order of this court is a clear act of contempt,” justices Aravind Kumar and NV Anjaria said.
Additional solicitor general (ASG) KM Nataraj appearing for Centre said the Central Bureau of Investigation (CBI) was willing to serve him the summons in the case registered against him under the Emigration Act, Passport Act and the offences involving cheating (section 318), wrongfully restraining the minor child (section 127), among other provisions of the Bharatiya Nyaya Sanhita (BNS).
The court held, “In view of the charges already framed, the character of the contemnor has changed to that of an accused. For this reason also, the requisition of the contemnor, through aegis of the ministry of external affairs, by furnishing summons to the contemnor is warranted.”
The court told the ministry of home affairs (MHA) to serve the summons on Chhokar through US authorities by invoking the treaty on mutual legal assistance signed between the two countries. Besides the case probed by CBI, the court said two charges had been framed against the contemnor - remaining absent from court proceedings in violation of court orders and leaving the country without prior permission from the court.”
Advocate Tushar Mathur, appearing for the contemnor, said his client was ready to come, but the guardianship court’s decree in his favour would be cancelled if he left his child behind.
Mathur added that in January 2024, Chhokar, a Green Card holder, applied to the US embassy in Delhi for an Emergency Travel document, which permitted him a one-time entry into the U.S. He said he didn’t have any other travel documents except the passport, which was in the top court’s custody.
The court said, “We are sorry to say this, but he has hoodwinked the court. We will direct the MEA to cancel your passport. There is a father in America who is enjoying the company of his child while you are depriving the biological mother of showering her love on the child.”
Advocate Anagha Desai, appearing for the child’s mother, said she hadn’t communicated with the child for three years and that a court in Michigan had declared her ex-husband’s second wife as the child’s guardian.
The court told the contemnor’s lawyer to confirm with his client within three days if he would come to India on his own.
The two married in 2006 and migrated to the United States where they had a child. The couple later parted ways and obtained a divorce decree from a Michigan court. The woman returned to India and filed proceedings seeking custody of the child. In 2019, the Supreme Court directed the couple to reach a settlement. As per its terms, the father agreed to hand over the custody of the child to the mother but failed to abide by the settlement terms. In 2023, he agreed to deposit his passport with the top court but fled the country in January 2024.
