High Court Unleashes Non-Bailable Warrant Against Ex-Chief Secretary Sujata Saunik for Evading Contempt Notice

In a significant legal development, the Bombay High Court has issued a non-bailable warrant (NBW) against former additional chief secretary (finance), Sujata Saunik, a retired IAS officer. The drastic measure comes after Saunik persistently evaded the service of a contempt notice stemming from a long-standing land acquisition case dating back to 2008.

The division bench comprising Justices M S Karnik and Kamal Khata ordered the warrant, directing the Director General of Police (DGP) for Maharashtra to ensure Saunik's presence before the court on the next hearing date, December 13.

This move underscores the judiciary's resolve to uphold its orders and address instances of non-compliance.

The origins of this contempt case trace back to 2007, when Saunik, then serving as the collector of Thane, was involved in the acquisition of land in rural areas for the crucial widening project of the Mumbai-Ahmedabad National Highway.

Farmers affected by the acquisition subsequently challenged the process, demanding higher compensation for their properties.

In 2008, the High Court ruled in favor of the farmers, issuing an order that mandated an inquiry into the land acquisition process and compensation. However, despite this clear directive, Saunik, who has since retired, allegedly failed to comply with the court's instructions, leading to the initiation of contempt proceedings against her.

The path to the NBW has been marked by repeated attempts to serve the contempt notice.

Previous court directives included the issuance of bailable warrants and specific instructions to state authorities to facilitate the service of the notice. Yet, these efforts proved futile, with Saunik reportedly remaining untraceable or refusing to accept the documents.

During recent hearings, the court expressed its growing frustration over the continuous evasion.

Justices Karnik and Khata emphasized the necessity of ensuring that court orders are respected and that individuals, regardless of their past positions, cannot escape legal obligations. The issuance of an NBW is typically reserved for situations where there is a strong apprehension of a person absconding or deliberately avoiding legal process.

The state's DGP has been tasked with reporting back to the court on the execution of the non-bailable warrant by the next scheduled hearing.

This case highlights the importance of accountability within the bureaucracy and the judiciary's power to enforce its rulings, even against retired high-ranking officials. The outcome of the December 13 hearing is now keenly awaited, as it will determine the next steps in this protracted legal battle.