Supreme Court sends Kenyan national to one year in jail for contempt; imposes fine of ₹25 lakh

The Supreme Court recently sentenced a Kenyan national to one year in prison for committing both civil and criminal contempt by wilfully disobeying orders of the top court in a child custody matter [Suo Motu Contempt Petition (Civil) 3 of 2021 v. Perry Kansagra].A Bench of former Chief Justice of India UU Lalit and PS Narasimha also imposed a fine of ₹25 lakh on the contemnor for intentionally committing egregious acts of contempt. "We are of the view that the contemnor had deliberately, and with a clear design, made it appear as if he was willing to comply with the Judgment and direction of the Indian Courts. His repeated statements and affidavits affirming to comply with the directions of this Court were given only to ensure that the custody of his son is given to him but he had no intention to comply with the directions of the Court even while he gave the undertaking, filed solemn affidavit or even instructed his lawyer to so represent on his behalf," the Bench said in its order. .The Court had convicted the contemnor, Perry Kansagra, for civil and criminal contempt back in July this year..The issue pertained to a matrimonial dispute between an Indian woman and the Kenyan national, who married in July 2007. The couple had a son from the marriage, which turned sour in 2012, after which the wife returned to New Delhi from Nairobi, Kenya. Since then, the child was with the mother. However, on a guardianship petition filed by the foreign national, Delhi's Saket Court granted him the son's custody in January 2018, which was affirmed by the Delhi High Court in February 2020.By a detailed order passed in October 2020, the Supreme Court had upheld the orders granting custody of the child to the father. This was after the contemnor specifically on oath undertook to submit to the jurisdiction of the Indian courts and to obey the orders passed. The top court had asked the contemnor father to obtain a 'mirror order' from the High Court of Kenya at Nairobi, which would support the Supreme Court of India's jurisdiction over the son's custody issue..However, after taking the son to Kenya, the father did not comply with the orders of the Supreme Court and failed to inform the top court that his proceedings to obtain a mirror order from the Kenyan court were dismissed. In fact, when contempt proceedings were initiated against him, he pleaded that there was no valid mirror order and that the orders passed by the Supreme Court were without jurisdiction. On this point, the Court held,"This is the most egregious part of the contumacious acts committed by the contemnor. The statements made by him were false, and in fact, being fully aware that these were false statements, he proceeded to invoke the jurisdiction of the Kenya High Court to hold that Judgments and Orders passed by Indian Courts were unenforceable."The Bench was of the view that it was a well-planned conspiracy on the part of the contemnor to persuade the apex court to pass orders in his favour and allow him the custody of his son and then defy the orders of the Court.It thus sentenced him to two sentences of six months in prison, to run consecutively, as well as two fines of ₹12.5 lakh each."We thus, 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, 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," the Bench ordered.It was further ordered that the ₹25 lakh be deposited with the apex court so that the wife can be paid the same..Senior Advocate Sonia Mathur appeared for the wife. Additional Solicitor General Aishwarya Bhati assisted the Court..[Read judgment]