 "SC asks HC to decide afresh contempt plea of ED officer")
The Supreme Court has asked the Delhi High Court to decide afresh a contempt plea filed by an Enforcement Directorate officer against a former city police commissioner and others for allegedly levelling false charges against him, which resulted in him spending 36 days in jail.
The apex court said the high court had not dealt with all the relevant facts of the case while dismissing the contempt plea of Ashok Kumar Aggarwal against former Police Commissioner Neeraj Kumar and asked it to decide afresh.
"We are of the considered opinion that as both the parties had raised issues on facts as well as on law, the High Court ought to have dealt with the case adverting to all relevant issues, particularly when the appellant (Aggarwal) had made an allegation that his liberty had been jeopardised by the respondents by interfering with the course of justice by misleading the court," a bench headed by Justice B S Chauhan said.
Aggarwal had submitted that the investigating officer had suppressed material fact from the court due to which he faced 36 days judicial custody in jail.
The apex court, in a separate judgement, ordered withdrawal of the disciplinary action against Aggarwal, who was suspended 13 years ago.
A contempt plea was filed for allegedly misleading the trial court by giving false information.
Aggarwal was arrested on the suspicion that he was having two passports and he had visited Singapore between February 10-14, 1999. His visit was also confirmed by Interpol Singapore on queries from the Indian authorities, but later, Interpol Singapore said the information it furnished earlier was factually incorrect.
A complaint was filed against Aggarwal by a Delhi-based businessman alleging that he was being implicated in a case by forging documents. A lookout notice was issued against him through Interpol as he was absconding. He was arrested on December 23, 1999, from Saharanpur where he was staying in a hotel under a fictitious name.
The apex court said the high court had not dealt with all the relevant facts of the case while dismissing the contempt plea of Ashok Kumar Aggarwal against former Police Commissioner Neeraj Kumar and asked it to decide afresh.
"We are of the considered opinion that as both the parties had raised issues on facts as well as on law, the High Court ought to have dealt with the case adverting to all relevant issues, particularly when the appellant (Aggarwal) had made an allegation that his liberty had been jeopardised by the respondents by interfering with the course of justice by misleading the court," a bench headed by Justice B S Chauhan said.
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"As a result, we set aside the judgement and order impugned and remit the case to the High Court to decide afresh answering all the factual and legal issues raised by the parties," it said.
Aggarwal had submitted that the investigating officer had suppressed material fact from the court due to which he faced 36 days judicial custody in jail.
The apex court, in a separate judgement, ordered withdrawal of the disciplinary action against Aggarwal, who was suspended 13 years ago.
A contempt plea was filed for allegedly misleading the trial court by giving false information.
Aggarwal was arrested on the suspicion that he was having two passports and he had visited Singapore between February 10-14, 1999. His visit was also confirmed by Interpol Singapore on queries from the Indian authorities, but later, Interpol Singapore said the information it furnished earlier was factually incorrect.
A complaint was filed against Aggarwal by a Delhi-based businessman alleging that he was being implicated in a case by forging documents. A lookout notice was issued against him through Interpol as he was absconding. He was arrested on December 23, 1999, from Saharanpur where he was staying in a hotel under a fictitious name.