Whether court should impose heavy costs if false or misleading affidavit is filed?

 On a consideration of the Report, the High Court took the view that Sciemed had given a false affidavit in this Court to the effect that the work was near completion. In this view of the matter, the High Court dismissed the appeal filed by Sciemed and imposed costs of Rs. 10 lakhs to be deposited with the Jharkhand State Legal Services Authority.

21. At this stage, it is important to mention that Sciemed through its proprietor Shailendra Prasad Singh son of Rameshwar Prasad Singh, had filed an affidavit on or about 10th July, 2008 in the High Court in which it was explained that the statement made in this Court on affidavit was because the deponent was of the view that the installation of the complete system of gas pipeline is one part of the award and installation of liquid oxygen tank is a separate work. It was stated that the affidavit filed in this Court was due to some misconception and was not with a view to mislead this Court. In other words, the deponent sought to justify his affidavit in this Court notwithstanding the Report of the learned advocate. The deponent after giving the above explanation, tendered an unconditional and unqualified apology to the High Court for the statement regarding the near completion of the project.

22. The High Court did not accept the apology given by the proprietor of Sciemed and, therefore, imposed costs of Rs. 10 lakhs on Sciemed.

Giving false evidence by filing false affidavit is an evil which must be effectively curbed with a strong hand. Prosecution should be ordered when it is considered expedient in the interest of justice to punish the delinquent, but there must be a prima facie case of "deliberate falsehood" on a matter of substance and the court should be satisfied that there is a reasonable foundation for the charge.

32. On the material before us and the material considered by the High Court, we are satisfied that the imposition of costs by the High Court was justified. We find no reason to interfere with the impugned judgment and order. The petition is dismissed.

IN THE SUPREME COURT OF INDIA

Petition For Special Leave to Appeal (C) No. 29125 of 2008

Decided On: 11.01.2016

 Sciemed Overseas Inc. Vs. BOC India Limited and Ors.

Hon'ble Judges/Coram:

Madan B. Lokur and R.K. Agrawal, JJ.

Citation: (2016) 3 SCC 70

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Whether filing of false affidavit in court proceeding amounts to interference with administration of justice?

Section 2(c) of the Contempt of Courts Act 1971 (for short the Act) defines criminal contempt as "the publication (whether by words, spoken or written or by signs or visible representation or otherwise) of any matter or the doing of any other act whatsoever to (1) scandalised or tend to scandalise or lower or tend to lower the authority of any court; (2) prejudice or interfere or tend to interfere with the due course of judicial proceedings or (3) interfere or tend to interfere with, or obstruct or tend to obstruct the administration of justice in any other manner. Thus, any conduct which has the tendency to interfere with the administration of justice or the due course of judicial proceedings amounts to the commission of criminal contempt. The swearing of false affidavits in judicial proceedings not only has the tendency of causing obstruction in the due course of judicial proceedings but has also the tendency to impede, obstruct and interfere with the administration of justice. The filing of false affidavits in judicial proceedings in any court of law exposes the intention of the concerned party in perverting the course of justice. The due process of law cannot be permitted to be slighted nor the majesty of law be made a mockery by such acts or conduct on the part of the parties to the litigation or even while appearing as witnesses. Anyone who makes an attempt to impede or undermine or obstruct the free flow of the unsoiled stream of justice by resorting to the filing of false evidence, commits criminal contempt of the court and renders himself liable to be dealt with in accordance with the Act. Filing of false affidavits or making false statement on oath in Courts aims at striking a blow at the Rule of Law and no court can ignore such conduct which has the tendency to shake public confidence in the judicial institutions because the very structure of an ordered life is put at stake. It would be a great public disaster if the fountain of justice is allowed to be poisoned by anyone resorting to filing of false affidavits or giving of false statements and fabricating false evidence in a court of law. The stream of justice has to be kept clear and pure and anyone soiling its purity must be dealt with sternly so that the message perculates loud and clear that no one can be permitted to undermine the dignity of the court and interfere with the due course of judicial proceedings or the administration of justice. In Chandra Shashi v. Anil Kumar Verma, [1995] 1 SCC 421, the respondent produced a false and fabricated certificate to defeat the claim of the respondent for transfer of a case. This action was found to be an act amounting to interference with the administration of justice. 

Supreme Court of India

Dhananjay Sharma vs State Of Haryana And Ors on 2 May, 1995

Bench: Dr. A.S. Anand, Faizan Uddin

CASE NO. Writ Petition (crl.) 15 of 1994

Citation:AIR 1995 SC 1795

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Whether filing of false affidavit, false document and making false statement on oath amounts to contempt of court?

The swearing of false affidavits in judicial proceedings nor only has the tendency of causing obstruction in the due course of judicial proceedings but has also the tendency to impede, obstruct and interfere with the administration of justice. The filing of false affidavits in judicial proceedings in any Court of law exposes the intention of the concerned party in perverting the course of justice. The due process of law cannot be permitted to be slighted not the majesty of law be made a mockery by such acts or conduct on the part of the parties to the litigation or even while appearing as witnesses. Anyone who makes an attempt to impede or undermine or obstruct the free flow of the unsoiled stream of justice by resorting to the filing of false evidence commits criminal contempt of the Court and renders himself liable to be dealt with in accordance with the Act. Filing of false affidavits or making false statement on oath in courts aims at striking a blow at the Rule of Law and no Court can ignore such conduct which has the tendency to shake public confidence in the judicial institutions because the very structure of an ordered life is put at stake. It would be a great public disaster if the fountain of justice is allowed to be poisoned by anyone resorting to filing of false affidavits or giving of false statements and fabricating false evidence in a Court of law. The stream of justice has to be kept clean and pure and anyone soiling its purity must be dealt with sternly so that the message percolates loud and clear that no one can be permitted to undermine the dignity of the Court and interfere with the due course of judicial proceedings or the administration of justice in Chandra Shashi v. Anil Kumar Verma MANU/SC/0558/1995 : 1994ECR636(SC) the respondents produced a false and fabricated certificate to defeat the claim of the respondent for transfer of a case. This action was found to be an act amounting to interfere with the administration of justice. Brother Hansaria, J. speaking for the Bench observed: (At P. 4995, of AIR)

"The stream of administration of justice has to remain unpolluted so that purity of Court's atmosphere may give vitality to all the organs of the State. Polluters of judicial firmament are, therefore, required to be well taken care of to maintain the sublimity of Court's environment; so also to enable it to administer justice fairly and to the satisfaction of all concerned. Anyone who takes recourse to fraud deflects the course of judicial proceedings; or if any thing is done with oblique motive, the same interferes with the administration of justice. Such persons are required to be property dealt with, not only to punish them for the wrong done, but also to deter others from indulging in similar acts which shake the faith of people in the system of administration of justice."

Thus, if any person tries to either file any false affidavit, forged document or even makes false statement on oath, the conduct of such person has a tendency to interfere with the administration of justice or the due course of judicial proceedings. This conduct is having tendency of impeding, obstructing or interference striking a blow on the role of law and no Court can ignore such conduct which has the tendency to shake the confidence of the public and in the judicial institution. It would be in our view a great public disaster if the fountain of justice is allowed to be poisoned by anyone resorting to file false affidavits by giving false statements or fabricating false evidence even by impersonation in a Court of law and as such, this type of acts clearly fall within the definition of criminal contempt as defined under Section 2(C) of the Contempt of Courts Act.

IN THE HIGH COURT OF KARNATAKA

Cr. C.C.C. No. 26/2000

Decided On: 30.07.2003

Advocate General, High Court of Karnataka
Vs.
 Chidambara and Anr.

Coram:
A.M. Farooq and S.R. Bannurmath, JJ.
Citation: 2004 CRLJ493

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