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Supreme Court of India

SUSHANT SHARMA vs U.T. CHANDIGARH on 10 February, 2025

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2025 INSC 204Non-reportableCrl.A. No.-000655-000655 - 2025Official PDFAuthor HON'BLE THE CHIEF JUSTICEBench Puligoru Venkata Sanjay Kumar, Aravind KumarAdvocates CHARU MATHUR
2025 INSC 204NON-REPORTABLE
(REVISED)
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2025
(arising out of SLP (Crl.) No. 14618 of 2024)
SUSHANT SHARMA ..... APPELLANT(S)
VERSUS
U.T. CHANDIGARH & ORS. ..... RESPONDENT(S)
O R D E R

Leave granted.

This is an unfortunate case where the father of ‘X’ (name

suppressed) filed the present appeal claiming that he is not being

allowed to interact and meet with ‘X’. The impugned judgment dated

20.09.2024 referred to the report of the Court Commissioner, who had

interacted with ‘X’, etc.

By the order dated 25.10.2024, this Court has passed the

following order:

The petitioner, Sushant Sharma, will be

allowed to interact and be with his son.

However, the child will not be allowed to

be taken out of the country.

All other persons who were meeting and

interacting with the child earlier will

also be permitted to interact with him.

The assets belonging to the child will

not be alienated, transferred or encumbered

till the next date of hearing.

babita pandey

There has been substantial compliance with the aforesaid order

though applications have been filed making allegations and counter

allegations. It is submitted on behalf of respondent No. 4, Damini

Goswamy, that she has not been permitted to meet ‘X’. We would only

observe that she may be permitted to meet ‘X’.

In order to prevent any untoward incident, we deem it

appropriate to appoint Mr. Chritarth Palli, learned Advocate-on-

Record, who is present in Court, as a Court Commissioner, who will

oversee and ensure the installation of CCTV cameras, with video-

recording facility for a period of 96 hours, at appropriate locations

designated by him in the house. The expenses for installation of the

CCTV cameras will be borne by respondent No. 3, Kalindi Hamal. Mr.

Chritarthi Palli, the Court Commissioner, will be paid appropriate

lodging and boarding expenses in addition to an amount of ₹1,00,000/-

(Rupees one lakh only), which amounts shall be paid by the appellant,

Sushant Sharma.

The appellant has stated to have already moved before the

Guardianship Court, Chandigarh under the Persons with Disabilities

Act, 2016,1 where the proceedings are pending. There are civil suits

pending inter-se the parties with regard to certain other assets, etc.

The interim order dated 25.10.2024 passed by this Court shall

continue to operate till it is modified, vacated or affirmed by the

Court under the 2016 Act. We request the said Court to take up the

proceedings for hearing expeditiously. The Court would be entitled to

take the help of Counselor(s), if required and necessary.

Further, we clarify that we have not examined the question of

applicability of the National Trust for Welfare of Persons with

1For short, “2016 Act”.

Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities

Act, 1999, and the rules and regulations framed thereunder. This

issue, it is stated, is pending for examination in a writ petition

before the High Court of Punjab and Haryana at Chandigarh.

It is also clarified that the observations made in this order

and in the earlier order dated 25.10.2024 are tentative and prima

facie and the same will not be treated as final and binding findings,

as already recorded above. It is open to the Guardianship Court under

the 2016 Act or any other enactment, if applicable, to modify, vacate

or amend the directions. Further the aforesaid directions will not, in

any way, deter any other jurisdictional tribunal or forum, where

proceedings are pending, from passing orders in accordance with law.

It is also directed that the respondents shall not raise any

technical objection with regard to the nomination for appointment of

an attorney by the appellant, Sushant Sharma.

Recording the aforesaid, the appeal is allowed and disposed of

in the above terms.

Pending application(s), if any, shall stand disposed of.

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2025

(arising out of SLP (Crl.) No. 14618 of 2024)

Leave granted.

This is an unfortunate case where the father of the child (name

suppressed) filed the present appeal claiming that he is not being

allowed to interact and meet with the child. The impugned judgment

dated 20.09.2024 referred to the report of the Court Commissioner, who

had interacted with the child, etc.

By the order dated 25.10.2024, this Court has passed the

following order:

The petitioner, Sushant Sharma, will be

allowed to interact and be with his son.

However, the child will not be allowed to

be taken out of the country.

All other persons who were meeting and

interacting with the child earlier will

also be permitted to interact with him.

The assets belonging to the child will

not be alienated, transferred or encumbered

till the next date of hearing.

There has been substantial compliance with the aforesaid order

though applications have been filed making allegations and counter

allegations. It is submitted on behalf of respondent No. 4, Damini

Goswamy, that she has not been permitted to meet the child.

In order to prevent any untoward incident, we deem it

appropriate to appoint Mr. Chritarth Palli, learned Advocate-on-

Record, who is present in Court, as a Court Commissioner, who will

oversee and ensure the installation of CCTV cameras, with video-

recording facility for a period of 96 hours, at appropriate locations

designated by him in the house. The expenses for installation of the

CCTV cameras will be borne by respondent No. 3, Kalindi Hamal. Mr.

Chritarthi Palli, the Court Commissioner, will be paid appropriate

lodging and boarding expenses in addition to an amount of ₹1,00,000/-

(Rupees one lakh only), which amounts shall be paid by the appellant,

Sushant Sharma.

The parties are stated to have already moved the Court under the

Guardians and Wards Act, 1890,2 where proceedings are pending. There

are civil suits pending inter-se the parties with regard to certain

other assets, etc.

The interim order dated 25.10.2024 passed by this Court shall

continue to operate till it is modified, vacated or affirmed by the

Court under the 1890 Act. We request the said Court to take up the

proceedings for hearing expeditiously. The Court would be entitled to

take the help of Counselor(s), if required and necessary.

Further, we clarify that we have not examined the question of

applicability of the National Trust for Welfare of Persons with

Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities

2For short, “1890 Act”.

Act, 1999, and the rules and regulations framed thereunder. This

issue, it is stated, is pending for examination in a writ petition

before the High Court of Punjab and Haryana at Chandigarh.

It is also clarified that the observations made in this order

and in the earlier order dated 25.10.2024 are tentative and prima

facie and the same will not be treated as final and binding findings,

as already recorded above. It is open to the Court under the 1890 Act

or any other enactment, if applicable, to modify, vacate or amend the

directions. Further the aforesaid directions will not, in any way, deter

any other jurisdictional tribunal or forum, where proceedings are

pending, from passing orders in accordance with law.

It is also directed that the respondents shall not raise any

technical objection with regard to the nomination for appointment of

an attorney by the appellant, Sushant Sharma.

Recording the aforesaid, the appeal is allowed and disposed of

in the above terms.

Pending application(s), if any, shall stand disposed of.