IMPORTANT POINT
The court established that fabricating court orders constitutes criminal contempt, interfering with justice and warranting severe penalties under the Contempt of Courts Act.

ORDER :

S.M. Subramaniam, J.

[PRAYER: Suo Motu Criminal Contempt proceedings initiated against the Contemnors herein as per the order of this Court made in W.P.No.22410 of 2018 dated 05.09.2018.]

The Division Bench of this Court, by order dated 19.12.2022 instituted Suo Motu Criminal Cont.P.No.2493 of 2022.

2. The learned single Judge of this Court, while dealing with W.P.No.22410 of 2018, found that the fake High Court interim orders were produced before the Bailiff while executing a Civil Court decree. Consequently, Suo Motu Criminal Contempt proceeding was initiated vide order dated 05.09.2018 and the matter was referred to the Division Bench. The Division Bench initiated Suo Motu Criminal Contempt Petition No.2493 of 2022 and framed the following charges:-

“Since S. Sundaram (2nd contemnor) has died, no charge could be framed against him.

2. That, you, Angamuthu (1st contemnor), Muruganandam (3rd contemnor), Shanmugam @ Lakshminarayanan (4th contemnor) and Thangamani (5th contemnor) along with the deceased Sundaram submitted the photocopies of the following three fake orders of this Court, all dated 12.03.2018 to the bailiff, when he came for executing the decree as set out above.

i. C.R.P.No.1467 of 2018 and C.M.P.No.2038 of 2018

ii. C.R.P.No.1468 of 2018 and C.M.P.No.2039 of 2018 and

iii. C.R.P.No.1469 of 2018 and C.M.P.No.2040 of 2018

The above three orders appear to have been passed by Hon'ble Mrs. Justice Pushpa Sathyanarayana on 12.03.2018, whereas, the records of the Registry show that no such Civil Revision Petitions were even filed and the said Hon'ble Judge was not holding the C.R.P. roster on 12.03.2018 and therefore, it is evident that these three orders have been fabricated.”

3. Though Suo Motu Criminal Contempt proceeding was initiated by the Division Bench of this Court in the year 2022, opportunities were granted to all the parties to complete their pleadings. During the pendency of the contempt proceeding, Contemnor Nos.6 and 7 were impleaded Suo Motu by this Court as the Police Report identified these persons, who have also been involved in the preparation and handing over of the fake High Court interim orders to the litigants, Contemnor Nos.3 and 5. Accordingly, revised charges are framed by this Court in its order dated 16.04.2024 as under:-

“That, you, P. Meiyappan (6th contemnor) and S. Amal Raj (7th contemnor) along with Contemnor Nos.3 to 5, including the deceased, P. Angamuthu and S. Sundaram, created fake orders of this Court, all dated 12.03.2018 and aided in producing it to the bailiff, when he came for executing the decree as set out in the order dated 19.12.2022:

i. C.R.P.No.1467 of 2018 and C.M.P.No.2038 of 2018

ii. C.R.P.No.1468 of 2018 and C.M.P.No.2039 of 2018 and

iii. C.R.P.No.1469 of 2018 and C.M.P.No.2040 of 2018

The above three orders appear to have been passed by Hon'ble Mrs. Justice Pushpa Sathyanarayana on 12.03.2018, whereas, the records of the Registry show that no such Civil Revision Petitions were even filed and the said Hon'ble Judge was not holding the C.R.P. roster on 12.03.2018 and therefore, it is evident that these three orders have been fabricated.

The above act of yours prima facie attracts Section 2(c)(iii) of the Contempt of Courts Act, 1971, which is punishable under Section 12, ibid., in that, by submitting the aforesaid three photocopies of the orders of this Court, you have interfered with the administration of justice, in the execution of proceedings before the District Munsif, Tiruchengode.”

4. The facts in brief required for considering the present Suo Motu Criminal Contempt Petition are that J.K.K. Rangammal Charitable Trust, represented by N.Sendamarai, instituted Original Suits in O.S.Nos.212, 218 and 223 of 2000 on the file of the District Munsiff Court, Tiruchengode, against the Contemnor Nos.1 to 3 for recovery of possession and for arrears of rent. The suits were decreed after contest as prayed for 17.11.2004.

5. Contemnor Nos.1 to 3 filed Appeal Suits in A.S.Nos.39, 42 and