The Supreme Court in a recent order has taken legal action against Upendra Nath Dalai, who has been charged with both civil and criminal contempt of court, stemming from his failure to adhere to directives issued by the highest judicial body in the nation.

The proceedings, presided over by Justice C.T. Ravikumar and Justice Rajesh Bindal, shed light on Dalai's alleged disregard for court orders and his purportedly contemptuous conduct. According to the record of proceedings, the Court noted that Dalai's actions warranted contempt charges due to his non-compliance with a previous court order dated 5.12.2022, passed in M.A. No. 1640/2023 in W.P.(C) No. 875/2022.

Dalai's legal troubles commenced with a writ petition aimed at fostering religious harmony, which was ultimately dismissed by the Court. Furthermore, Dalai was ordered to pay a fine of ₹1 lakh. Despite the lapse of the stipulated time for payment, Dalai failed to deposit the amount, prompting the Court to take action. A suo moto contempt (civil) petition was registered against him when he failed to comply with subsequent notices. This eventually led to the issuance of bailable and subsequently non-bailable warrants against him.

The Court, in a scathing indictment of Dalai's conduct, remarked that he had committed civil contempt by failing to adhere to the court's orders. Additionally, Dalai's email reply dated 5.9.2023, was deemed by the Court as a form of criminal contempt, with the judges observing derogatory statements against the Court's authority in his communication.

Despite being given multiple opportunities to address the charges against him, including filing affidavits and replies, Dalai's responses were deemed inadequate and contemptuous by the Court. Consequently, he was charged with civil contempt for non-payment of the imposed fine and criminal contempt for making derogatory statements against the Court's authority.

In an effort to uphold the principles of justice while ensuring due process, the Court granted Dalai two weeks to file a reply to the charges leveled against him. However, expressing dissatisfaction with Dalai's responses thus far, the Court decided to enlarge him on bail, subject to conditions to be imposed by the Chief Judicial Magistrate, Balasore, Odisha.

In a statement outlining the Court's decision, it was emphasized that while the Court was not satisfied with Dalai's responses, it was deemed in the interest of justice to enlarge him on bail. Dalai is required to appear before the Chief Judicial Magistrate, Balasore, Odisha, by March 21, 2024, and before the Supreme Court on April 2, 2024.

Furthermore, the Court directed the Registry not to entertain any fresh petitions from Dalai until a final decision is reached in the ongoing proceedings. Additionally, in response to a request, the Court ordered the Registry to provide Dalai with a hard copy of the Writ Petition (C) Dy. No. 6923/2024.

Case: IN RE: CONTEMPT AGAINST UPENDRA NATH DALAI,

SMC No(s). 3/2023.

Click to read/download order.