Bombay HC quashes non-bailable warrant against Arjun Rampal in 2019 tax evasion case

Actor Arjun Rampal received relief from the Bombay High Court after it cancelled a non-bailable warrant that had been issued against him by a lower court in a 2019 tax evasion case.

The High Court, in its May 16 order by vacation judge Justice Advait Sethna, observed that the local court’s decision was made without proper reasoning and did not follow legal procedure. The judge noted that the magistrate’s order lacked explanation and was passed without careful consideration.

Rampal had moved the High Court through his lawyer Swapnil Ambure, challenging the magistrate’s April 9 decision to issue the warrant. The case had been filed by the Income Tax department under Section 276C(2) of the Income Tax Act, which deals with deliberately avoiding the payment of taxes or related dues.

Rampal’s petition stated that his lawyer had submitted a request to excuse his personal appearance in court, but the magistrate denied the request and issued the warrant instead.

The High Court observed that the charge against Rampal carries a maximum sentence of three years and is a bailable offence. Despite this, the magistrate had issued a non-bailable warrant without citing proper reasons, which the HC found to be a mechanical move lacking judicial application. Justice Sethna remarked that such an order, without sufficient reasoning, could unfairly harm the actor’s position, especially when his lawyer was present in court.

Rampal has also contested the magistrate's December 2019 notice in the same case. The HC has listed the matter for further proceedings on June 16.

His lawyer, Swapnil Ambure, argued that the full tax amount for FY 2016–17 had already been paid, albeit late, and claimed the department’s accusation of evasion is baseless. He further added that the issuance of the NBW contradicted Supreme Court rulings which discourage such action in similar matters.