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SUPREME COURT OF INDIA
VIKRAM NATH, RAJESH BINDAL, JJ.
Kusha Duruka – Appellant
Versus
The State of Odisha – Respondent
Criminal Appeal No. 303 of 2024, S.L.P. (Crl.) No. 12301 of 2023
Decided On : 19-01-2024
(A) Contempt of Courts Act, 1971 – Section 12 – Contempt of court – Truth constituted an integral part of justice-delivery system in pre-Independence era, however, post-Independence period has seen drastic changes in our value system – Materialism has overshadowed old ethos and quest for personal gain has become so intense that those involved in litigation do not hesitate to take shelter of falsehood, misrepresentation and suppression of facts in court proceedings – In last 40 years, values have gone down and now a litigants can go to any extent to mislead Court – They have no respect for truth – A litigant who attempts to pollute stream of justice or who touches pure fountain of justice with tainted hands, is not entitled to any relief, interim or final – Suppression of material facts from t court of law, is actually playing fraud with court – Maxim suppressio veri, expression falsi, i.e. suppression of truth is equivalent to expression of falsehood, gets attracted – Its nothing but degradation of moral values in society, may be because of our education system. (Para 7)
(B) Criminal Procedure Code, 1973 – Section 439 – Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 20(b)(ii)(C) – Grant of bail pending trial – Exclusive and conscious possession and transportation of Ganja – It would be appropriate to mandatorily mention in application(s) filed for grant of bail, details and copies of order(s) passed in earlier bail application(s) filed by petitioner which have been already decided and details of any bail application(s) filed by petitioner, which is pending either in any court, below court in question or higher court, and if none is pending, clear statement to that effect has to be made – All bail applications filed by different accused in same FIR should be listed before same Judge except in cases where Judge has superannuated or has been transferred or otherwise incapacitated to hear the matter – System needs to be followed meticulously to avoid any discrepancies in orders – It should be duty of Investigating Officer/any officer assisting State Counsel in court to apprise him of order(s), if any, passed by court with reference to different bail applications or other proceedings in same crime case – Counsel appearing for parties have to conduct themselves truly like officers of Court – Appeal dismissed as infructuous, alongwith token cost of ?10,000/-. (Paras 20 and 23)
Facts of the case:
This is another case in which effort has been made to pollute stream of administration of justice.
Findings of Court:
Though considering conduct of petitioner, one of option available was to cancel his bail, however, we do not propose to take such an extreme step in case in hand. However, this can be option exercised by Court if the facts of the case so demand seeing the conduct of the parties.
Result : Appeal dismissed.
JUDGMENT :
RAJESH BINDAL, J.
1. Leave granted.
2. This is another case in which an effort has been made to pollute the stream of administration of justice.
3. About three decades ago, this Court in Chandra Shashi vs. Anil Kumar Verma, (1995) 1 SCC 421 was faced with a situation where an attempt was made to deceive the Court and interfere with the administration of justice. The litigant was held to be guilty of contempt of court. It was a case in which husband had filed fabricated document to oppose the prayer of his wife seeking transfer of matrimonial proceedings. Finding him guilty of contempt of court, he was sentenced to two weeks’ imprisonment by this Court. This Court observed as under:
“1. 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.
2. Anyone who takes recourse to fraud, deflects the course of judicial proceedings; or if anything is done with oblique motive, the same interferes with the administration of justice. Such persons are required to be properly 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.
*** *** ***
14. The legal position thus is that if the publication be with intent to deceive the court or one made with an intention to defraud, the same would be contempt, as it would interfere with administration of justice. It would, in any case, tend to interfere with the same. This would definitely be so if a fabricated documents is filed with the aforesaid mens rea. In the case at hand the fabricated document was apparently to deceive the court; the intention to defraud is writ large. Anil Kumar is, therefore, guilty of contempt.”
4. In K.D. Sharma vs. Steel Authority of India Limited and Others, (2008) 12 SCC 481 it was observed by this Court:
“39. If the primary object as highlighted in Kensington Income Tax Commrs., (1917) 1 KB 486 : 86 LJKB 257 : 116 LT 136 (CA) is kept in mind, an applicant who does not come with candid facts and “clean breast” cannot hold a writ of the court with “soiled hands.” Suppression or concealment of material facts is not an advocacy. It is a jugglery, manipulation, manoeuvring or misrepresentation, which has no place in equitable and prerogative jurisdiction. If the applicant does not disclose all the material facts fairly and truly but states them in a distorted manner and misleads the court, the court has inherent power in order to protect itself and to prevent an abuse of its process to discharge the rule nisi and refuse to proceed further with the examination of the case on merits. If the court does not reject the petition on that ground, the court would be failing in its duty. In fact, such an applicant requires to be dealt with for contempt of court for abusing the process of the court.”
(Emphasis supplied)
5. In Dalip Singh vs. State of Uttar Pradesh and Others, (2010) 2 SCC 114 this Court noticed the progressive decline in the values of life and the conduct of the new creed of litigants, who are far away from truth. It was observed as under:
“1. For many centuries Indian society cherished two basic values of life i.e. “satya” (truth) and “ahinsa” (non-violence). Mahavir, Gautam Buddha and Mahatma Gandhi guided the people to ingrain these values in their daily life. Truth constituted an integral part of the justice-delivery system which was in vogue in the Pre-Independence era and the people used to feel proud to tell truth in the courts irrespective of the consequences. However, post- Independence period has seen drastic cha
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