2006 Supreme(Bom) 653
IN THE HIGH COURT OF BOMBAY
Vijay Enterprises
Versu
Gopinath Mahade Koli
Decided on, April 20, 2006
Headnote:Contempt of Courts Act, 1971 - Section 2(b) Constitution of India, Article 215 Civil Contempt Fabricated document Utilising of in Court proceedings For achieving desired result Amounts to interference with administrative of justice Attracts liability for contempt Cannot escape penalties. Though normally the Court of Law being the Court of Justice also would take a liberal approach, when it comes to the question of contempt of Court and on occasions by accepting the apology the matter is put to rest. But now the time has come when the litigants are utilising the fabricated documents rampantly. Now the time has also come where people are making statements on oath and in Court proceedings which are blatantly false to their own knowledge. Now a days parties are using false documents with a view to achieve orders which they desire to obtain. It is needless to state that justice delivery system has to be pure and should be such that the persons who are approaching the Courts and filing the proceedings must be afraid of using fabricated documents and also of making false statements on oath. Court of Law sitting here to ascertain the truth and give justice in accordance the law to establish truth and not being misled by the advocates and the parties in the various directions so as to make it almost impossible to give effective and truthful justice to the litigants at league. Courts opinion keeping in mind the aforesaid position it is high time that where the people have blatantly used the fabricated document for the purpose of achieving the desired result even by misleading the Court and/or by making false statement and by using fabricated documents cannot escape the penalties. Court is also of the opinion that utilising the fabricated document in the Court proceedings amounts to interference with the administration of justice and thus attracts the liability of contempt.
( 1 ) IN a suit being Suit No. 1780 of 1993 a chamber summons was taken out by one Madhu Lakhma kakade inter alia seeking relief that the applicant should be added as a party defendant to the suit and the plaintiffs should be directed to serve upon him the suit proceedings. In view of the fact that one of the documents which were used in support of the application being prima facie found to be fabricated document, I directed by my order dated 28. 2. 2005 the crime Investigation Department (CID) to conduct an investigation about the genuineness of the documents annexed as Annexure "i" to the said order. It was further directed that the CID should find out whether any such school exists and whether it had a primary section at the relevant time in the year 1967 and whether the applicant Madhu Lakhma Kakade was a student of such a school. I further directed that the matter be placed on board on 15. 3. 2005. Thereafter I directed the Chamber Summons to be placed for hearing on 21. 3. 2005. On 21. 3. 2005 after hearing the parties and on perusal of the report filed by the CID. I found that the document is a fraudulent document and accordingly I dismissed the chamber Summons with compensatory cost of Rs. 10,000/- to be paid by the applicant to all the three claimants in the equal share of Rs. 3,300/- each. I further directed issuance of a notice for perjury and contempt and made returnable on 12. 4. 2005. Pursuant to the said show cause notice, an affidavit was filed by Mahadu Lakhma Kakade in which he furnished his explanation that he is illiterate and he further alleged that Mohankumar K. Advocate and one Anna P. Construction obtained the said school leaving certificate and made him file with his affidavit and he does not even know the contents of his affidavit which was filed with the chamber summons. I thereafter issued a notice of contempt and perjury against those two persons namely, Advocate Mohankumar K. and Anna P. Construction also. Thereafter on the report being examined I found that various persons are involved in obtaining the said fraudulent certificate and using the same in court proceedings. On the basis of the CID report and the role each party has performed in obtaining the said fraudulent certificate and using the same in Court, I also directed issuance of show cause notice to various persons. In para 3 of my order dated 2. 5. 2005, I also recorded another disturbing feature that outside the Court room there was a scuffle between two advocates being Mr. Mohankumar K and I. R. Castellino being the erstwhile advocate of Madhu lakhma Kakad and a new advocate who appeared pursuant to the show cause notice. I had directed the police to take necessary steps in the matter. Thus, by my order dated 2. 5. 2005 I issued a contempt notice against Madhu Lakhma Kakad as well as Mr. Narsimhan, Sole Proprietor of Annapi Constructions and Mohankumar K. Advocate. Thereafter the CID conducted further investigation and ultimately they filed a report which was taken on record by an order dated 25. 7. 2005. On receipt of the report, I found that various other persons are also involved in the said conspiracy in obtaining fraudulent document and using the same in Court proceedings. The names which appeared in the report were Ramchandra Shankar kurle, Shankar Kakad Kure, Manojkumr Shyam Devadiga, b. R. Rai and Anant Balu Pawase. Accordingly, by my order dated 7. 10. 2005, I also directed the office to issue show cause notice to the aforesaid persons. I have perused the CID report. In the CID report it has been clearly established that the various persons are involved in obtaining the said fraudulent certificate and using the same in Court proceedings with a view to claim right,title and interest in the suit property. The affidavits which have been filed by the various parties indicate the following picture.
( 2 ) MAHADU Lakhma Kakade being the applicant has a brother called Shankar Kakad Kure. These two gentlemen wanted to levy a claim in
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