Perjury - No need to await Perverse Judicial Order Archives

A full bench of Apex Court passed scathing remarks regards litigants who lie with impunity in their affidavits filed into the Court.

This case is also called as Re: Suo Moto Proceedings Against MR. R, KARUPPAN, ADVOCATE Vs Unknown.

From Para 15,

15. Court are entrusted with the powers of dispensation and adjudication of justice of the rival claims of the parties besides determining the criminal liability of the offenders for offences committed against the society. The courts are further expected to do justice quickly and impartially not being biased by any extraneous considerations. Justice dispensation system would be wrecked if statutory restrictions are not imposed upon the litigants, who attempt to mislead the court by filing and relying upon the false evidence particularly in cases, the adjudication of which is depended upon the statement of facts. if the result of the proceedings are to be respected, these issues before the courts must be resolved to the extent possible in accordance with the truth. The purity of proceedings of the court cannot be permitted to be sullied by a party on frivolous, vexatious or insufficient grounds or relying upon false evidence inspired by extraneous considerations or revengeful desire to harass or spite his opponent. Sanctity of the affidavits has to be preserved and protected discouraging the filing of irresponsible statements, without any regard to accuracy.

17. In India, law relating to the offence of perjury is given a statutory definition under Section 191 and Chapter XI of the Indian Penal Code, incorporated to deal with the offences relating to giving false evidence against public justice. The offences incorporated under this Chapter are based upon recognition of the decline of moral values and erosion of sanctity of oath. Unscrupulous litigants are found daily resorting to utter blatant falsehood in the courts which has, to some extent, resulted in polluting the judicial system. It is a fact, though unfortunate, that a general impression is created that most of the witnesses coming in the courts despite taking oath make false statements to suit the interests of the parties calling them. Effective and stern action is required to be taken for preventing the evil of perjury, concededly let lose by vested interest and professional litigants. The mere existence of the penal provisions to deal with perjury would be a cruel joke with the society unless the courts stop to take an evasive recourse despite proof of the commission of the offence under Chapter XI of the Indian Penal Code. If the system is to service, effective action is the need of the time. The present case is no exception to the general practice being followed by many of the litigants in the country.

18. Keeping in view the facts and circumstances of this case, the record of proceedings in Suo Motu Contempt Petition (Criminal) No.5 of 2000 and Writ Petition No.77 of 2001, we are prima facie satisfied that the respondent herein, in his affidavit filed in support of the writ petition (for the purposes of being used in the judicial proceedings, i.e. writ petition), has wrongly made a statement that the age of Dr. Justice A.S. Anand has not been determined by the President of India in terms of-Article 217 of the constitution. We are satisfied that such a statement supported by an affricative of the respondent was known to him to be false which he believed to be false and/or atleast did not believe to be true. It is not disputed that an affidavit is evidence within the meaning of Section 191 of the Indian Penal Code and a person swearing to a false affidavit is guilty of perjury punishable under Section 193 IPC. The respondent herein, being legally bound by an oath to state the truth in his affidavit accompanying the petition is prima facie held to have made a false statement which constitutes an offence of giving false evidence as defined under Section 191 IPC, punishable under Section 193 IPC.

19. With the object of eradicating the evil of perjury, we empower the Registrar General of this Court to depute an officer of the rank of Deputy Registrar or above of the Court to file a complaint under Section 193 of the Indian Penal Code against the respondent herein, before a Magistrate of competent jurisdiction at Delhi. Such officer is directed to file such complaint and take all steps necessary for prosecuting the complaint.

Madras High Court Advocates Association Vs Dr.A.S.Anand, Honble The C.J.I. on 12 May 2001

Citations : [2001 OLR 2 188], [2001 SCC 5 289], [2001 SCALE 4 199], [2001 SUPREME 4 108], [2001 JT SUPP 1 332], [2001 CGLJ 2 499], [2001 CRLJ SC 2611], [2001 SCR 3 750], [2001 AIR SC 2204], [2001 LW 3 61], [2001 SCC CRI 876], [2001 AIR SCW 2104]

Other Sources :

https://indiankanoon.org/doc/1356442/

https://www.casemine.com/judgement/in/5609ad9be4b0149711411d8a

Single bench of Karnataka High Court nailed the perjuror, A medical doctor.

From point c of Para 4,

c) The vehement contention of Mr. Jhadhav, learned Sr. Adv. that a Police investigation is launched against the petitioner-husband for producing copies of IT Returns and other documents of the respondent and therefore, till after its completion, no action for the commission of alleged perjury can be initiated, is bit difficult to countenance, more particularly, when the authenticity of these documents is not disputed even before this Court; in fact the Court below too has recorded a specific finding to this effect; the said Police investigation has nothing to do with perjury allegedly committed by the respondent; act of perjury is treated as a heinous offence in all civilized societies; consideration of complaints with regard to the same cannot be deferred or delayed; otherwise there is all possibility of the fountain of justice being polluted.
e) Lastly, heavy reliance placed by Mr. Jhadhav on the decision of Apex Court in V.K.Gupta’s case supra, does not much come to his rescue; there are some observations in the said ruling that recognize greater degree of discretion with the Courts in deciding application of the kind, is true; however, that cannot be construed as a discretion of the Moguls; the sages of law like Lord Halsbury have said that discretion means according to rules of reason & justice; the reason assigned by the Court below for holding petitioner’s subject application to be premature, is unsustainable to say the least; the view of the learned trial Judge that petitioner can move similar application subsequently offends sense of justice; applications of the kind need to be considered on merits at the earliest point of time so that a loud message goes to the unscrupulous section of the litigant public as to what would befall the perjuring parties.

Dr.Praveen R Vs Dr.Arpitha K.S on 31 Aug 2021

Citations :

Other Sources :

https://www.legitquest.com/case/dr-praveen-r-v-dr-arpitha/1FC5DB

Kar HC | “Act of perjury is treated as a heinous offence in all civilized societies”; Delay in consideration of such complaints can pollute the fountain of justice

https://www.livelaw.in/news-updates/karnataka-hc-perjury-complaints-not-to-be-deferred-wifes-false-maintenance-claim-181709

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Tag: Perjury – No need to await Perverse Judicial Order

Madras High Court Advocates Association Vs Dr.A.S.Anand, Honble The C.J.I. on 12 May 2001

Dr.Praveen R Vs Dr.Arpitha K.S on 31 Aug 2021