New Delhi, Mar 15: The Supreme Court on Tuesday suspended the two months sentence imposed by the Karnataka High Court for contempt of court against two lawyers for filing multiple petitions against former Wipro chairman Azim Premji and his associates.
Advocates R Subramanian and P Sadanand have filed more than 70 mischievous petitions against Premji through a private company called India Awake for Transparency and were held guilty for contempt of court by the High Court on January 14.
A bench of Justices Sanjay Kishan Kaul and MM Sundresh noted the submission of advocate R Subramanian that he would file an unconditional apology before the Karnataka High Court within two weeks and suspended the sentence for three years to monitor and see how he conducts himself.
The bench said, We have not the slightest of doubt on the merits of the judgement rendered by the impugned order which is correct on fact and law. However, the appellant has successfully endeavoured to persuade us that he wants to follow a different path and that aspect, we have taken note of in Criminal Appeal and connected matters .
It said that this court had noted in its March 10 order the term of settlement in which it was said that Subramanian’s conviction for criminal contempt and sentence in terms of Karnataka High Court judgement dated January 14, 2022, be suspended for a period of 3 years, during which period his conduct can be monitored and due compliance with his undertakings verified.
It had noted that to uphold the majesty of Courts, Subramanian must tender his unconditional apology to the Karnataka High Court in respect of the charges in the said case.
The bench said that the petitioner (Subramanian) states that he will file an unconditional apology before the High Court in two weeks.
We thus, direct as the conviction in terms of the impugned order is upheld; the apology as aforesaid be filed; the sentence will remain suspended to monitor and see how the appellant conducts himself and if any infraction is found, it is open to the respondents to bring it to the notice of this Court; in the absence of any infraction, a final call will be taken in this matter in the last working week of December 2023 before the Winter recess , the bench said.
It said, We are conscious that the order of conviction has been upheld but since we have suspended the sentence on the assurance of good behaviour, the conviction will not come in the way of the appellant to carry on his professional practice as a lawyer in which he is now engaged.
The bench said that its order will equally apply to the other contemnor (Sadanand) and he will be bound by the same terms.
On March 10, the top court had taken note of unconditional apology of Subramanian, who through various companies initiated a maze of frivolous litigations against Azim Premji and others, and said the ex-Wipro chairman took a constructive view by deciding to close it if they do not face barrage of future litigations.
Indian Awake for Transparency’ of Subramanian had filed a complaint in a Bengaluru trial court alleging illegality in the transfer of assets worth Rs 45,000 crore from three companies to private trust and a newly formed company.
Premji and others had challenged the high court order of May 15 last year which had rejected their pleas for quashing the January 27, 2021 summons issued by the trial court.
Later, on October 5, last year the top court had extended the stay on criminal proceedings against Premji, his wife, and others on their plea seeking quashing of summons issued by the Bengaluru court on a “frivolous” and “mischievous” complaint filed by an NGO alleging breach of trust and corruption in the merger of three companies with a Premji group firm.
The top court, which had taken serious note of the “frivolous” and “mischievous” complaint filed by Subramanian, perused his affidavit tendering the apology to Premji and others and advised him to start a new chapter in his life .
The apex court had earlier asked Subramanian to say on affidavit that he would not launch any proceedings, wind up this organization and will not create any more organization nor use his brilliance and help of other people to create further litigation .
In terms of the last order, he has provided the list of companies that have some money and they will be finally surrendered to Premji and others.
The bench asked Subramanian to modify his public apology and publish it by including the name of two more individuals associated with the Premji firms.
It asked the Registrar of Companies at Chennai to take necessary action and strike off the names of two companies including India Awake for Transparency Private Ltd of Subramanian.
Earlier, the top court had stayed the proceeding before the Bengaluru court against Premji and others and had called for a report from the trial judge.
It had also asked to advocate R Subramanian to tender an unconditional apology to Premji and others for instituting maze of frivolous litigation against them.
