SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1995 Supreme(SC) 635

FAIZAN UDDIN, A.S.ANAND
Dhananjay Sharma – Appellant
Versus
State Of Haryana – Respondent


Advocates:
ANIL K.MAKHIJA, DRIVER SUSHIL KUMAR, G.RAMASVAMY, GOPAL SUBRAMANIUM, Indu Malhotra, K.K.LAHRI, LALITA KAUSHIK, M.KARANJAVALA, Mahinder Singh Dahiya, N.K.SHARMA, N.M.POPLI, N.NATRAJAN, NANDINI GORE, Naresh Kaushik, NISHA BAGCHI, P.P.MALHOTRA, PANKAJ KAIRA, PREM MALHOTRA, R.K.GUPTA, R.K.JAIN, R.KARANJAWALA, RANJIT GHOSAL, RUBY SINGH AHUJA, S.S.GANDHI, SHANKAR DIVATE

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The filing of false affidavits in judicial proceedings is considered a criminal contempt of court, as it obstructs the due course of justice and undermines the authority of the judiciary (!) (!) .

  2. Swearing false affidavits or making false statements under oath in courts aims to pervert the course of justice and damages public confidence in judicial institutions. Such conduct is viewed as a serious offense that shakes the rule of law (!) (!) .

  3. Acts that interfere with the administration of justice, including tampering with evidence and tutoring witnesses to give false testimony, are classified as criminal contempt. These acts are particularly condemned when they are deliberate and intended to obstruct justice (!) (!) (!) .

  4. The conduct of police officials who falsely deny illegal detention, tamper with evidence, or tutor witnesses to give false statements constitutes a grave contempt of court and is highly condemnable. Such actions undermine the integrity of law enforcement and judicial processes (!) (!) (!) .

  5. The State is responsible for the unlawful acts of its officers, and it must repair the damage caused by violations of citizens' fundamental rights, especially the right to personal liberty. However, if the victims exaggerate incidents or provide falsehoods, they may be disqualified from receiving compensation (!) (!) .

  6. Officials who tender unqualified apologies for their misconduct are recognized as genuinely remorseful, and such apologies may be accepted, leading to the discharge of contempt proceedings, provided the apologies are sincere and accompanied by appropriate corrective measures (!) (!) .

  7. The failure of authorities to file relevant affidavits or to act in accordance with court directions, especially in cases involving illegal detention, is viewed as a serious lapse. Such negligence or casual attitude undermines the rule of law and the dignity of judicial proceedings (!) (!) .

  8. High-ranking officials, including the Home Secretary and police officers, are under a legal obligation to assist courts with truthful and complete information. Their non-compliance or misleading affidavits constitute contempt and are subject to stern action (!) (!) .

  9. The integrity of judicial processes depends on transparency and honesty from all parties, including law enforcement agencies. Any attempt to cover up illegal acts or to mislead the court is condemned and can lead to severe penalties (!) (!) .

  10. The overall public interest demands that those who undermine the judicial system through falsehoods or misconduct be appropriately punished to uphold the rule of law and maintain public confidence in the legal system (!) (!) .

Please let me know if you need further analysis or specific legal advice related to this case.


JUDGMENT

Dr. ANAND, J.:—On 17-1-1994, Shri Parasmal Rampuria of C.R. Industries Limited filed a petition seeking issuance of a writ of habeas corpus for the release of Dhananjay Sharma from illegal and unauthorised custody of the Haryana Police and for his production in Court. It is alleged in the writ petition that on account of some civil disputes between M/s. Bhanu Iron and Steel Company Limited (in short BISCL) of New Delhi, with a factory at Indore, which is owned by respondent No. 7, Shri Anoop Bishnoi, son-in-law of Shri Bhajan Lal Chief Minister of Haryana and M/s. C.R. Industries Limited, a case under Section 406/420, I.P.C. was got registered by respondent No. 6 Shri S. K. Kaushik, the Commercial Manager of BISCL, being FIR No. 663/93 at Police Station Sadar, Hissar against Shri Pradeep Rampuria and others. On 7-1-1994, a team of police party, headed by Additional Superintendent of Police, Hissar Shri Sham Lal Goel, respondent No. 4, went to the residence of Shri Pradeep Rampuria at Diamond Harbour Road, Calcutta, to arrest Shri Pradeep Rampuria on the Authority of non-bailable warrants of arrest issued against him by the Additional Chief Judical Magistrate, Hissar. Shri










































































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top