The Supreme Court of India, on February 21, directed the Central Bureau of Investigation (CBI) to investigate how a man facing contempt proceedings managed to travel to the USA despite depositing his Indian passport with the court.
Background of the Case
This case stems from an ongoing child custody dispute between a husband and a wife. The man, against whom contempt proceedings were initiated for failing to bring the child back from the USA, allegedly escaped the country without a valid passport.
A Supreme Court bench comprising Justices Sudhanshu Dhulia and Manmohan took the matter seriously and directed the CBI to register an FIR and begin an investigation.
On January 29, the Supreme Court issued a non-bailable warrant against the man and directed the Home Ministry to take all necessary steps to ensure his arrest.
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During the proceedings, Additional Solicitor General (ASG) KM Nataraj presented a report, along with CCTV footage from the airport, in a sealed cover. Justice Dhulia, expressing concern, questioned:
“How could this have been done? Tell us, what are you doing? What do you do in such cases?”
To this, Nataraj responded:
“He has to be brought back. We will have to register an FIR.”
Justice Dhulia further pointed out that the Ministry of Home Affairs (MHA) has a dedicated wing to handle such cases and emphasized that authorities should have been in contact with them to determine the necessary legal steps.
Nataraj informed the court that the MHA's US counterpart would need to be contacted to initiate the extradition process. He also suggested that an FIR registration should be mandated to facilitate legal action.
Justice Dhulia observed:
“We will in any case direct registration of FIR. He could not have done it without assistance. What he probably did was, and if he has done it, then it’s going to be a big problem.”
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The judge speculated that the man might have applied for US citizenship after depositing his Indian passport, and the US Embassy may have issued a passport without being informed about his legal situation in India.
The court sought clarity on whether the man possessed a US passport. His counsel clarified that he did not have a US passport but held a Green Card and was issued travel documents by the US Embassy.
However, Justice Dhulia firmly stated:
“Forget child custody and all. These are secondary issues. Right now, we will see to it that you are brought here. That is our first duty.”
During the second hearing at 12 PM, the court was informed that the man left India using travel documents issued by the US Embassy. Senior Advocate Vipin Sanghi, representing the petitioner, alleged that the man had forged his passport and other documents.
The court also reviewed CCTV footage from the airport, which reportedly showed the man leaving in a wheelchair—possibly as part of an attempt to avoid scrutiny.
Sanghi further highlighted that when the matter was first presented before the court, the father of the accused was asked to surrender his passport. The accused later agreed to surrender his passport on the condition that his father’s passport be released.
Sanghi urged the court to:
- Repossess the father’s passport
- Issue a Lookout Circular (LOC) against him
At the conclusion of the hearing, the Supreme Court ordered:
“Meanwhile, we direct CBI to conduct an investigation and start the process immediately, including registration of FIR as and when required.”
Although the formal order did not mention it, the court orally instructed the contemnor’s counsel to ensure that the child is brought back to India and reunited with the mother.
The Supreme Court has scheduled the next hearing after three weeks to review progress in the case.
Case Title: RAJYASHREE CHHOKAR VERSUS MANISH CHHOKAR | CONMT.PET.(C) No. 533-534/2022 in Crl.A. No. 1607-1608/2019
