SC stays warrant against Noida CEO in contempt case
HT Correspondent
NEW DELHI: The Supreme Court on Tuesday stayed the arrest of Noida’s chief executive officer (CEO) Ritu Mahshwari, against whom a non-bailable warrant (NBW) was issued by the Allahabad high court last week in connection with a contempt case.
A bench, headed by Chief Justice of India (CJI) NV Ramana and comprising justices JK Maheshwari and Hima Kohli, passed a brief directive staying the high court order, and listed Maheshwari’s appeal for a hearing on Wednesday.
Senior advocate Mukul Rohatgi mentioned the matter before the bench on behalf of the Noida CEO, complaining that the high court took offence and ordered the police to bring her in custody just because she did not appear in the court even though her lawyer was representing her there. “Her lawyer was present before the high court and requested for half an hour more to let her show up. But the high court ordered that she should be arrested and produced before it on the next date, May 13,” the senior counsel said on Tuesday.
At this, the CJI ordered: “List the case tomorrow [Wednesday]... In the meantime, (let there be) stay of the high court order.” The development came as a huge relief for the IAS officer, whose plea for an urgent hearing was turned down on Monday by the Cji-led bench.
“Every other day, some officer will approach the court for directions, even in serious matters. If you don’t obey high court orders, you will have to face the music,” the apex court told Maheshwari’s lawyer, additional solicitor general (ASG) Balbir Singh on Monday.
The law officer had pointed out that it was unfortunate that NBW was issued against Maheshwari, who has two school-going children who are giving their examinations. CJI Ramana had asked Singh to inform the high court of this while indicating that the petition could not be listed unless he was satisfied regarding its contents.
The Allahabad high court on
Friday issued NBW against Maheshwari and directed the chief judicial magistrate of Gautam Budh Nagar to produce her in police custody before the court in connection with a contempt case as part of a land acquisition dispute. The plea was filed by Manorama Kuchhal and another person, whose lands were acquired by the Noida authority in 1990, but were not given any compensation as per law till date.
The authority acquired the land to construct a bus terminal in Sector 82 that is still not operational, said sources in the Noida authority.
On April 28, Maheshwari was directed to appear before the high court on May 4, but she did not turn up on time, prompting issuance of the warrant.
The high court found the conduct of the officer “reprehensible”, and it said, “The court cannot countenance the conduct of CEO, Noida, in taking flight at 10.30am even as functioning of court starts at 10am. This court finds that such conduct of CEO, Noida amounts to deliberate and wilful disrespect to the court...”
It also said, “Considering the fact that the order of the writ court has not been complied with despite the fact that the possession of the land of the applicants had been taken over by the Noida illegally in 1990 without paying even a single penny as compensation, and the applicants despite succeeding in this court in the writ petition and special leave petition against the judgment of writ court having been dismissed, have not been able to reap the benefit of the judgment of the writ court.”
Maheshwari did not respond to calls and messages seeking comment.