Full Text
HIGH COURT OF DELHI
Date of Decision: 11th July, 2022
SATULA DEVI ..... Petitioner
Through: Mr. Vikas Singh, Sr. Advocate with Mr. Varun Singh, Ms. Priyanka Gosla, Mr. Yatharth Kumar & Ms. Deepika Kalia, Advocates.
(M:9999422728)
Through: Mr. Anupam Srivastava, ASC for GNCTD. (M:9811533855)
Mr. Ravi Sharma, Ms. Gunjan Mangla, Ms. Madhulika Rai Sharma and Mr. Anjani Kumar Rai, Advocates for R-4. (M:8800829883)
Mr. B. Shravanth Shanker, Advocate for R-5. (M:9711551199)
Mr. Sandeep Sethi, Sr. Advocate with Mr. D. Abhinav Rao for Applicant.
JUDGMENT
1. The present writ petition relates to guardianship which was sought in respect of a senior citizen who is referred to, since inception, as Mr. DMP, who was a Member of Parliament and was diagnosed with ‘fronto-temporal dementia’. The guardianship sought by the Petitioner/Mrs. Satula Devi (hereinafter “Mrs. SD”) – i.e., Mr. DMP’s wife, was vehemently contested by other family members of Mr. DMP and the petition was heard by this Court from time to time. Mrs. SD was supported by her two sons – 2022:DHC:2581 Respondent No.4/Mr. Rajiv Sharma (hereinafter “Mr. RS”), Respondent No.3/Mr. Ranjit Sharma (hereinafter “Mr. RJS”) and their respective families. However, Respondent No.5/Ms. Uma Devi (hereinafter “Ms. UD”), who was Mr. DMP’s companion, Intervener/Mr. Umesh Sharma (hereinafter “Mr. US”)– Mr. DMP’s brother, and Respondent No.6/Mrs. Kanchana Rai (hereinafter “Mrs. KR”), - Mr. DMP’s daughter-in-law whose husband was the deceased third son of Mr. DMP, and her sons were opposing the present writ petition.
2. The present writ petition was disposed of vide judgment dated 29th October, 2021, whereby Justice (Retd.) Rajiv Sahai Endlaw was appointed as the Supervising Guardian along with a Guardianship Committee to take care of Mr. DMP and his financial affairs. Subsequently, on 6th January, 2022, this Court was informed of Mr. DMP’s demise on 27th December,
2021. Various disputes between the family members had also been cited on the said date and there were allegations of utilization of Mr. DMP’s assets by the contesting Respondents. Accordingly, vide order dated 6th January 2022, Justice (Retd.) Rajiv Sahai Endlaw was appointed as the Sole Guardian of Mr. DMP and the Guardianship Committee was disbanded. Various directions were issued vide the said order. The same are as under:
17. In so far as the DMP’s bank accounts are concerned, the current position is that he is suffering from dementia and is unable to operate his own bank accounts. From the submissions made, it appears that Ms. Uma Devi and the Secretary of the DMP are operating his accounts or spending therefrom. Accordingly, the status quo, as volunteered above, shall apply to all the bank accounts of the DMP. If any amounts are withdrawn, spent or transferred from the accounts of the DMP for living needs and other expenses, a statement of such amounts and expenses incurred every month along with the bank statements of the bank accounts of the DMP shall be filed, for the perusal of the Court in a sealed cover.” The above direction to maintain status quo shall now be binding upon all the parties, including Mr. US and his family who has been heard as an Intervenor, in this petition. They shall also not permit any third party to deal with the estate of Mr. DMP in any manner whatsoever, without prior permission of the Sole Guardian.
(v) Any payments which are to be made to any authorities including the tax authorities, other governmental bodies, or other expenditure including the residence expenditure, or the expenditure of Mrs. SD’s residence, or approved expenditure by Justice Endlaw (Retd.), including for conduct of all final rites as per customs and traditions, shall be made only after the prior approval of the Sole Guardian.
(vi) All banks, financial institutions, companies and other authorities shall ensure strict compliance of today’s directions. No amounts/assets shall be released to/transferred by any of the parties or any third party, without the prior approval of the Sole Guardian. Similarly, no account of Mr. DMP shall be permitted to be operated by any persons, without the prior approval of the Sole Guardian, which is to be obtained in respect of each such transaction.
(vii) The Sole guardian may issue directions to any person to ensure compliance of these directions.
(viii) This Court also notes that the remuneration of
Justice Endlaw (Retd.) had been fixed in terms of the order dated 8th September, 2021, confirmed by the order dated 29th October, 2021 in the following terms:
3. The present application being CM APPL. 697/2022, had been filed alleging various violations of the directions issued by the ld. (then) Supervising Guardian and a reply had been directed to be filed by this Court vide order dated 6th January, 2022. However, today it is submitted by all the parties that the following proceedings have been filed and are pending between the parties:
(i) TEST CASE 1/2022 titled Kanchana Rai v. State of NCT of Delhi &
(ii) CS(OS) 203/2022 titled Smt Satula Devi v. Rajeev Sharma & Ors.
(iii) CONT. CAS. 693/2022 titled Mr. Ranjit Sharma v. Kanchana Rai &
(iv) LPA No. 209/2021 titled Smt Uma Devi v. Satula Devi & Ors.
(v) LPA No. 219/2021 titled Smt Kanchana Rai v. Satula Devi & Ors.
(vi) LPA No. 221/2021 titled Uma Devi v. Satula Devi & Ors.
(vii) LPA No. 223/2021 titled Smt Uma Devi v. Satula Devi & Ors.
(viii) LPA No. 224/2021 titled Smt Uma Devi v. Satula Devi & Ors.
(ix) LPA No. 429/2021 titled Uma Devi v. Satula Devi & Ors.
(x) LPA No. 430/2021 titled Kanchana Rai v. Satula Devi & Ors.
(xi) LPA No. 432/2021 titled Umesh Sharma v. Satula Devi & Ors.
(xii) LPA No. 475/2021 titled Satula Devi v. Umesh Sharma & Ors.
(xiii) LPA No. 52/2022 titled Kanchana Rai v. Satula Devi & Ors.
4. Since the present writ petition has already been disposed of and the application being CM APPL. 697/2022 which has been moved is in respect of allegations raised qua the directions issued by the (then) Supervising Guardian and qua orders of this Court, it is deemed appropriate to dispose of the present application with the direction that if any violations of orders passed by this Court or directions issued by the ld. (then) Supervising/ (now) Sole Guardian are alleged, the same may be agitated by the parties, seeking appropriate remedies in accordance with law. All the directions from the order dated 6th January, 2022 above, as also the directions issued by Justice (Retd.) Rajiv Sahai Endlaw from time to time shall continue and shall now be subject to further orders in any of the above proceedings.
5. In so far as CM APPL. 9891/2022 is concerned, the said application has been filed informing the Court that the Petitioner-Mrs. Satula Devi has, unfortunately, passed away on 12th June, 2022 and the present application seeks transposing of her two sons and some other legal heirs of the Petitioner, as Petitioners in the present petition. Since in this writ petition all the children of Mrs. Satula Devi are already Respondents before this Court, and the writ petition itself has been disposed of, this Court takes on record the fact that Mrs. Satula Devi has passed away. The application being CM APPL. 697/2022, which was pending in the present petition and in which notice was issued is also being disposed of as above. Thus, this Court is of the opinion that no further orders need to be passed transposing any of the parties as Petitioner(s) in the present case. Accordingly, CM APPL. 9891/2022 is disposed of. It is made clear that the contentions of all parties are left open.
6. At this stage, counsels for the parties have made some submissions regarding the continued supervision of Mr. DMP’s affairs by the Sole Guardian.
7. Mr. Vikas Singh, ld. Sr. Counsel for the Petitioner, relies upon Section 41(4) of the Guardians and Wards Act, 1890 (hereinafter “GWA”) to argue that even upon the demise of the ward, till the report of the guardian is received by the Court, the guardian need not be discharged.
8. Mr. Sandeep Sethi, ld. Sr. Counsel for Mr. US, submits that the appointment made by the Court of the Sole Guardian was not under the GWA, therefore the same cannot apply in this situation. He further submits that Section 41(4) of the GWA no longer has any applicability, in view of the fact that the report has been submitted by the Sole Guardian.
9. Upon being queried by the Court, both counsels have submitted that some proceedings are still continuing before the Sole Guardian and there are certain orders that have been reserved by Justice Endlaw (Retd). This Court is clearly of the view that Mr. DMP and his wife Mrs. Satula Devi having passed away, all the legal heirs are embroiled in a succession battle over assets worth thousands of crores. Under such circumstances if the Sole Guardian is discharged or any of the above directions are modified, there is every likelihood that the assets may be frittered away by one faction or the other. Thus, all the above directions shall continue to operate and the Sole Guardian shall continue to function, until discharged by a competent Court. The terms and remuneration of the Sole Guardian shall be as are prevalent today. Accordingly, in the spirit of the order dated 6th January, 2022, and safeguarding all the movable and immovable assets of Mr. DMP which run into several thousand crores of rupees, the Sole Guardian shall continue to remain the Sole Guardian, until and unless his authority is either modified or cancelled by Court of competent jurisdiction in any of the proceedings mentioned above. In this regard, detailed directions which were issued vide order dated 6th January, 2022, regarding the Sole Guardian and safeguarding of Mr. DMP’s assets - as extracted above- shall also continue until and unless they are modified by any Court of competent jurisdiction.
10. Both the applications are disposed of. The present writ petition need not be listed further. website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as the certified copy of the order for the purpose of ensuring compliance. No physical copy of orders shall be insisted by any authority/entity or litigant.
PRATHIBA M. SINGH JUDGE JULY 11, 2022/dj/ms