The Delhi High Court Tuesday sent Bollywood actor Rajpal Yadav to 10 days' judicial custody for making misleading statements in court in a recovery suit of Rs.5 crore filed against him and his wife by a Delhi entrepreneur.
Delhi-based entrepreneur M.G. Agarwal, owner of Murli Projects, filed a case against them in the high court for failing to repay a loan of Rs.5 crore which the actor took in 2010 to make his Hindi debut directional film "Ata Pata Laapata".
Justice S. Murlidhar also asked Yadav's wife, who was with their few months old daughter, to remain present in the Registrar General's office till the rising of the court.
The judge also issued contempt of court notice against a woman lawyer representing the couple and an oath commissioner, after the advocate Monday submitted in the court a joint affidavit of the couple with forged signature of Yadav's wife, which was affirmed with seal by the oath commissioner and identified by counsel.
"Apart from the couple, prima facie both the oath commissioner as well as counsel who purportedly identified Rekha Yadav have falsified the record of the court," the court said.
"Notice of contempt are hereby issued to oath commissioner Reshma Gehlod and advocate Janhavi Prakash to show cause why they should not be proceeded against for contempt of court," the court said.
It granted two weeks' time to them to file reply and posted the matter for Jan 15 and asked the couple to remain present.
The court was irked by the conduct of the couple and counsel for repeatedly concealing the fact from the court Monday, by saying that Yadav's wife Radha was in Ghaziabad and would reach court.
The couple was to present themselves before the court Monday. Rajpal Yadav was there for some time. Radha was in Mumbai but their counsel told the court she was in Ghaziabad.
The court posted the matter for Tuesday, asking both of them to remain present. The couple were present Tuesday in court from where Yadav was taken to jail and his wife was sent to the Registrar General's office.
The court said it took a lenient view for his wife, as she had a small child with her.
The court, slamming the conduct of counsel representing the couple, said: "Counsel have not acted as officers of the court and have failed to discharge their duty towards the court."
"It was their bounden duty to ascertain the truth from their clients and candidly tell the court what the factual position was," the court said.
Sending Rajpal Yadav to 10 days' custody, it said: "The court is satisfied that no further leniency can be shown to either of the contemnors (couple) in these proceedings."
"The court accordingly sentences Rajpal Yadav to 10 days' simple imprisonment beginning forthwith and directs the Naib Court of this court to take him into custody and take the further steps in that regard."
"As far as Rekha Yadav is concerned, she and Rajpal Yadav have an infant. The court is, therefore, prepared to take a more lenient view."
"She is sentenced till the rising of the court today (Tuesday). She will remain in the room of the Registrar General of the court till the closing hours of the court," the court ordered.
"The Registrar General has been asked by the court to ensure that there is no discomfort caused to the infant in any manner," the court said.
The court also directed the couple's advocate to not represent them in the case.
The court also ordered attachment of the couple's joint bank account in Axis Bank.
It refused to accept an apology tendered by Rajpal Yadav.
