SC stays arrest of Noida CEO, case hearing today

NEW DELHI: The Supreme Court on Tuesday stayed the arrest of Noida authority chief executive officer (CEO) Ritu Mahshwari, against whom a non-bailable warrant was issued by the Allahabad high court last week in 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.

In his remarks on Monday, the CJI said: “You are an IAS officer. You know the rules. Every day we see from Allahabad High Court, there’s breach of orders. It is routine. Every day, one or the other has to come and seek permission. What is this? You don’t respect the orders of the court.”

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.

The CJI 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 non-bailable warrant 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 one more person, whose lands were acquired by the Noida authority in 1990, but were not given any compensation as per law till date. The petitioners alleged they kept running from pillar to post to get compensation for their land, but to no avail.

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.

Maheshwari did not respond to calls for her comment.

List the case tomorrow [Wednesday]... In the meantime, (let there be) stay of the high court order.” NV RAMANA, CJI