Court's Process Abused For Extorting Money From Owners On Ground Of Unauthorised Construction: Delhi High Court Refers Matter To Police
The Delhi High Court was considering the contempt petitions filed on account of non-compliance of the directions issued to the Municipal Corporation.
While dealing with a scam run by a set of people by filing petitions for extorting money from the owners in whose properties, some unauthorized constructions exist, the Delhi High Court has asked the Bar Council to carry out requisite investigation against two Advocates.
The High Court has further referred the matter to the Deputy Commissioner of Police (DCP) in order to carry out the appropriate investigation.
The High Court was considering the contempt petitions filed on account of non-compliance of the directions issued to the Municipal Corporation of Delhi (MCD), as it failed to take action against the unauthorized construction in various properties, which were the subject matter of the said petition.
The Single Bench of Justice Mini Pushkarna stated, “The present set of facts bring forth a very serious matter, wherein, the process of the Court is being misused and abused for the purpose of exerting pressure on the owners of the properties wherein unauthorised construction exists, in order to extort money and earning money in an illegal manner.”
“The matter is also referred to the Deputy Commissioner of Police (“DCP”), South District, for carrying out appropriate proceedings against the aforesaid persons, whose details had been given hereinabove. Proper investigation, as per the procedure be done by the Police and appropriate proceedings, including, lodging of the First Information Report (“FIR”), etc., be carried by the Police”, it ordered.
Sr. Central Government Counsel Niraj Kumar represented the Respondent.
Factual Background
The Court was dealing with a matter involving a scam being run by a set of people, wherein, they filed petitions for the purpose of extorting money from the people, in whose properties some unauthorised construction was existing. The Petitioner, an Advocate, claimed that he had not signed the contempt petitions, though his signatures appeared in the contempt petitions as well as the additional affidavits. It was his case that his signatures were forged, and he never signed the petitions or the additional affidavits, which were filed subsequently in the petitions.
Reasoning
The Bench highlighted the seriousness of the matter wherein the process of the Court was being misused for the purpose of exerting pressure on the owners of the properties in order to extort money.
The Bench thus referred the matter to the Bar Council of Delhi for carrying out requisite investigation against Advocates S.K. Shukla and Prashant Chauhan.
The Bench also asked the Bar Council of Delhi to contact Narayan Kumar Kashyap. The Bench stated that it was clear from Kashyap's case that his signatures on the petitions filed before the Court were forged and he had never filed the said petitions.
Cause Title: Naresh Chauhan v. Government of NCT of Delhi (Neutral Citation: 2026:DHC:5955)
Appearance
Respondent: Sr. Central Government Counsel Niraj Kumar, Standing Counsel Kapil Dutta, Advocates Chaitanya Kumar