The Delhi High Court has expressed serious displeasure over the conduct of senior Customs officials for failing to comply with its earlier directions mandating videography of a petitioner’s statement and reporting progress in a bribery complaint investigation.
The Court bench of Justice Nitin Wasudeo Sambre and Justice Ajay Digpaul observed that the actions of the officers were prima facie in disregard of judicial orders and cautioned that contempt proceedings could be initiated.
The controversy stems from earlier directions issued on September 12, 2025, in W.P.(C) 13981/2025, wherein the Court had ordered that the recording of the petitioner’s statement be videographed. Subsequently, on February 9, 2026, the Court directed the Commissioner handling the petitioner’s bribery complaint to file an affidavit detailing the steps taken in the investigation. It also required the respondent authorities to clarify whether the petitioner’s statement had been video recorded in compliance with the September order and to produce the recording before the Court.
However, the Court noted that these directions were not complied with “in their true letter and spirit.”
In an affidavit filed before the Court, Ms. Ashima Bansal, Commissioner of Customs, admitted that the statement of the petitioner recorded on October 8, 2025, was not videographed. The explanation offered was that the officer who recorded the statement had recently joined and was unaware of the Court’s specific direction. It was also stated that the petitioner did not draw attention to the order or insist upon videography. The Department termed the lapse “inadvertent” and tendered an unconditional apology.
The Bench was unconvinced. It observed that such non-compliance could have prompted it to “forthwith initiate contempt proceedings” against both the Commissioner of Customs and the Commissioner of Vigilance.
The Court also took note of another irregularity. Although it was claimed that a Show Cause Notice had been dispatched to the petitioner in late October 2025, the document was not annexed to the affidavit on record. Instead, photocopies of extracts from the dispatch register were produced during the hearing.
The Bench returned the photocopies to the respondent’s counsel, observing that there were no supporting pleadings concerning the document. A prima facie perusal raised “serious doubts about the sanctity” of the dispatch record, with the Court remarking that it was difficult to infer from the document whether the Show Cause Notice had actually been dispatched.
Upon insistence by the respondent’s counsel, the Court granted a “last opportunity” to the concerned officers to file proper affidavits demonstrating compliance with both the September 12, 2025 and February 9, 2026 orders.
The Bench made it clear that no further indulgence would be shown and kept open the issue of the bona fides of the respondent officers for consideration on the next date of hearing. It also directed that original documents be produced before the Court by the officer who swore the affidavit, along with appropriate officers from the Vigilance Department who handled the file.
The respondents have been directed to file the corrected affidavits by March 10, 2026. The matter is now listed for further hearing on March 16, 2026.
While taking serious note of the conduct of the respondent officials, the Court also observed that the petitioner’s behaviour in addressing the Court was not in keeping with the decorum expected in judicial proceedings. Consequently, the petitioner has been directed to engage an advocate for further conduct of the case.
Case Details
Case Title: Pulkit Nanda Versus Customs Commissioner
Citation: JURISHOUR-140-HC-2026(Del)
Case No.: W.P.(C) 1855/2026
Date: 25/02/2026
Counsel For Petitioner: In Person
Counsel For Respondent: Ms Anushree Narain, Senior Standing Counsel
