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2004 Supreme(SC) 1525
Supreme Court Of India
ZAHIRA HABIBULLAH SHEIKH
Versus
STATE OF GUJARAT
Decided on December 6, 2004
The court emphasized the need for further response and refrained from expressing an opinion on contempt until all parties had filed their affidavits.
Headnote:
Contempt - Affidavit - False Statements
Fact of the Case:
Ms. Zahira Habibullah Sheikh submitted an affidavit to the Vadodara Collector through her lawyer, stating that her earlier statements in the Fast Track Court were true. The court found these statements to be false and issued notice to Ms. Zahira Habibullah Sheikh, the State of Gujarat, and the National Human Rights Commission to respond to the issue of contempt.
Finding of the Court:
The court did not express any opinion on whether the statements amounted to contempt at that stage and directed the filing of affidavits by a specified date. The ongoing trial was to continue, and the court made it clear that it had not expressed any opinion on the veracity of the testimony before the concerned court.
Issues: The main issue was whether the statements made by Ms. Zahira Habibullah Sheikh in her affidavits amounted to contempt of court.
Ratio Decidendi: The court's decision was based on the need for further response from Ms. Zahira Habibullah Sheikh and other parties before determining whether the statements constituted contempt.
Final Decision: The court directed the filing of affidavits by a specified date, allowed the ongoing trial to continue, and did not express any opinion on the veracity of the testimony at that stage.
Judgment
( 1 ) WE have heard learned counsel for the parties.
( 2 ) FROM the documents annexed, it appears that Ms. Zahira Habibullah sheikh has submitted an affidavit to the Vadodara Collector through her lawyer that the statements she gave earlier in the Fast Track Court (Vadodara) were true statements. The necessary corollary is that what has been stated by her in her affidavits, which form part of the record of this Court, were not correct and are false affidavits.
( 3 ) ISSUE notice to Ms. Zahira Habibullah Sheikh to respond to the statements made in this behalf in the petitions and to state why the contents of the affidavits before this Court are not to be treated as contrary to what is purported to have been stated in the affidavit stated to have been filed before the Collector. If they are so, it shall be explained as to why they do not amount to contempt. Issue notice to the State of Gujarat and the National human Rights Commission which were parties in the appeals. The State of gujarat which was the appellant in one of the appeals shall indicate its stand as to whether it would consider it to be contempt or not. We make it clear that we have not expressed any opinion at this stage as to whether it amounts to contempt or not. This question shall be further gone into after the response by ms Zahira Habibullah Sheikh is filed.
( 4 ) THE affidavits shall be filed by 3/1/2005 and the matter shall be listed on 10/1/2005. The ongoing trial shall continue and we make it clear that we have not expressed any opinion on the veracity of testimony, if any, tendered or likely to be tendered before the court concerned.
( 5 ) MR. D. K. Garg. Advocate accepts notice on behalf of Ms Zahira habibullah Sheikh. Dr. Kailash Chand, Advocate accepts notice for the accused persons who are also permitted to file response in the matter. The review petition which is stated to have been filed shall be placed for consideration by circulation and need not be listed in court. Inspection of the records in terms of applicable rules be permitted to Mr. D. K. Garg, Advocate who has been engaged by Ms Zahira Habibullah Sheikh. Ms. Aparna Bhat, advocate is discharged from her appearance for Ms. Zahira Habibullah sheikh.
