Case Note & Summary
The present contempt proceedings were initiated suo motu by the Bombay High Court on a reference made by the 5th Joint Civil Judge, Senior Division, Ahmednagar. The background of the case is that the respondents (accused) had filed a criminal revision before the Sessions Court, Ahmednagar, challenging an order of maintenance under Section 125 of the Code of Criminal Procedure, 1973. During the pendency of the revision, the respondents filed an affidavit claiming that they had no knowledge of the proceedings and that the order was passed ex parte. However, the learned Judge found that the affidavit contained false statements and that the respondents had deliberately misled the court. The Judge, therefore, made a reference to the High Court for initiating contempt proceedings. The High Court issued notice to the respondents and heard them. The respondents admitted their mistake and tendered an unconditional apology. The Court considered the nature of the contempt and held that filing a false affidavit amounts to criminal contempt under Section 2(c) of the Contempt of Courts Act, 1971, as it scandalizes the court and interferes with the administration of justice. The Court observed that such conduct cannot be taken lightly as it undermines the authority of the court. However, taking into account the apology tendered by the respondents and the fact that they were not habitual offenders, the Court imposed a sentence of simple imprisonment for one day and a fine of Rs. 2,000 each, in default, further simple imprisonment for one month. The Court also directed that the fine amount be deposited with the Maharashtra State Legal Services Authority. The judgment was pronounced on 5th October 2011 by a Division Bench consisting of Justice A.H. Joshi and Justice A.R. Joshi.
Headnote
A) Contempt of Court - Criminal Contempt - False Affidavit - Section 2(c) of the Contempt of Courts Act, 1971 - Filing of false affidavit by accused in criminal revision to mislead the court amounts to criminal contempt as it scandalizes the court and interferes with administration of justice - Held that such conduct is a serious abuse of process of court and warrants punishment (Paras 1-10).
Issue of Consideration
Whether filing a false affidavit and making false statements before the court amounts to criminal contempt and what punishment should be imposed.
Final Decision
The respondents are held guilty of criminal contempt. Each respondent is sentenced to simple imprisonment for one day and a fine of Rs. 2,000, in default, simple imprisonment for one month. The fine amount shall be deposited with the Maharashtra State Legal Services Authority.
Law Points
- Criminal contempt
- false affidavit
- abuse of process of court
- Contempt of Courts Act
- 1971 Section 2(c)
- Section 12
- inherent powers of court
