The Delhi High Court today issued notice in plea by former court master Tapan Chakraborty seeking to quash the FIR against him for allegedly tampering with a Supreme Court order in the Anil Ambani-Ericsson case..Notice was issued to the Delhi Police by a Single Judge Bench of Justice Suresh Kumar Kait..Tapan Chakraborty, along with another court official, was dismissed from services after then Chief Justice of India Ranjan Gogoi passed an administrative order finding them guilty of tampering with the January 7, 2019 order in the Anil Ambani-Ericsson case..In its January 7, 2019 order, the Supreme Court had issued notice to Anil Ambani and had sought his personal appearance. However, when the order was uploaded on the website it read:“personal appearance of the alleged contemnor(s) dispensed with.”.When the omission was brought to the Court’s notice by Ericsson counsel, a corrected order was uploaded on the website..After a preliminary inquiry, it was found that the omission of the word “not” in the order was not accidental and both the court masters were dismissed from services..Subsequently, on April 7, 2019 Chakraborty was arrested by the Delhi Crime Branch and was released on bail in May 2019..Chakraborty is facing criminal proceedings pursuant to an FIR registered for the commission of offences under Sections 420, 466, 467, 468, 218, 219, 471/120-B read with sec 66 IT Act..In his petition to quash the FIR, Chakraborty has claimed that he has been implicated in the case on the sole pretext of some error in court proceeding.." ..the instant case is a classic example by which the petitioner who happened to be a Assistant Registrar [Court master (shorthand)] having 34 years of impeccable and unblemished record has been roped in the instant FIR on the sole allegation that he had recorded an incorrect proceedings."the Petition reads..Chakraborty has pleaded that a court master cannot be made criminally liable for an error in court proceedings when the same is later verified not only by the concerned Judges but also by the various level of Registrars of the concerned court..It is stated that the grievance of Ericsson's AoR was not with respect to the omission of requirement of Anil Ambani's presence, which was rectified in Revised proceedings, but of non-issuance of revised contempt notices to the alleged contemnor which was delayed for almost a month by the concerned Branch..Chakraborty has thus asserted that he could not have played any role in this matter, much less a role with a criminal intent..It is further informed that the FIR was registered on March 1, 2019, however, no chargesheet has been filed yet.."..almost an year would elapse but there is no inference from the police as to whether they would be filing a charge-sheet in the instant case especially against the petitioner. This is relevant for the reason that the petitioner respectfully submits that there is no iota of material which the Investigating Agency could rely upon an order to file a charge-sheet against him so as to rope a Court Master/Assistant Registrar in any criminal offence as alleged in the FIR.."the petition reads..It is further contended that if court masters are implicated in criminal cases on the pretext of some error in court proceedings, it would be extremely difficult for them to perform their official functions leading to chaos and to face malicious persecution like this..The petition was filed through Advocate Rishi Malhotra..The matter would be heard next on February 25.
The Delhi High Court today issued notice in plea by former court master Tapan Chakraborty seeking to quash the FIR against him for allegedly tampering with a Supreme Court order in the Anil Ambani-Ericsson case..Notice was issued to the Delhi Police by a Single Judge Bench of Justice Suresh Kumar Kait..Tapan Chakraborty, along with another court official, was dismissed from services after then Chief Justice of India Ranjan Gogoi passed an administrative order finding them guilty of tampering with the January 7, 2019 order in the Anil Ambani-Ericsson case..In its January 7, 2019 order, the Supreme Court had issued notice to Anil Ambani and had sought his personal appearance. However, when the order was uploaded on the website it read:“personal appearance of the alleged contemnor(s) dispensed with.”.When the omission was brought to the Court’s notice by Ericsson counsel, a corrected order was uploaded on the website..After a preliminary inquiry, it was found that the omission of the word “not” in the order was not accidental and both the court masters were dismissed from services..Subsequently, on April 7, 2019 Chakraborty was arrested by the Delhi Crime Branch and was released on bail in May 2019..Chakraborty is facing criminal proceedings pursuant to an FIR registered for the commission of offences under Sections 420, 466, 467, 468, 218, 219, 471/120-B read with sec 66 IT Act..In his petition to quash the FIR, Chakraborty has claimed that he has been implicated in the case on the sole pretext of some error in court proceeding.." ..the instant case is a classic example by which the petitioner who happened to be a Assistant Registrar [Court master (shorthand)] having 34 years of impeccable and unblemished record has been roped in the instant FIR on the sole allegation that he had recorded an incorrect proceedings."the Petition reads..Chakraborty has pleaded that a court master cannot be made criminally liable for an error in court proceedings when the same is later verified not only by the concerned Judges but also by the various level of Registrars of the concerned court..It is stated that the grievance of Ericsson's AoR was not with respect to the omission of requirement of Anil Ambani's presence, which was rectified in Revised proceedings, but of non-issuance of revised contempt notices to the alleged contemnor which was delayed for almost a month by the concerned Branch..Chakraborty has thus asserted that he could not have played any role in this matter, much less a role with a criminal intent..It is further informed that the FIR was registered on March 1, 2019, however, no chargesheet has been filed yet.."..almost an year would elapse but there is no inference from the police as to whether they would be filing a charge-sheet in the instant case especially against the petitioner. This is relevant for the reason that the petitioner respectfully submits that there is no iota of material which the Investigating Agency could rely upon an order to file a charge-sheet against him so as to rope a Court Master/Assistant Registrar in any criminal offence as alleged in the FIR.."the petition reads..It is further contended that if court masters are implicated in criminal cases on the pretext of some error in court proceedings, it would be extremely difficult for them to perform their official functions leading to chaos and to face malicious persecution like this..The petition was filed through Advocate Rishi Malhotra..The matter would be heard next on February 25.