Supreme Court Initiates Suo Motu Contempt Proceedings Against TN Police Officer For Concealing Material Facts

The Supreme Court on Tuesday initiated suo motu contempt proceedings against an Inspector of Police in the State of Tamil Nadu for suppressing material facts in an affidavit filed before the Court.

A bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice Hima Kohli was considering a review petition filed by a death row convicting against the death penalty imposed for kidnap and murder of a 7 year old child.

While hearing the matter, the bench had sought information from the State regarding the mitigating circumstances available to the petitioner. Through an affidavit dated 26 September 2021, the Sub-Inspector of Police Kammapuram at Cuddalore District, Tamil Nadu informed the court that the conduct of petitioner has been satisfactory and he has not been involved in any other case. It was further stated that he was suffering from systemic hypertension and availing medication from the prison hospital. Also, it was stated that the petitioner has acquired a diploma in food catering during his time in the prison.

However, a separate affidavit filed by the Superintendent of Prisons, Central Prison, Cuddalore-4 mentioned that the petitioner had attempted to escape from prison in 2013. This aspect was not mentioned in the affidavit filed by the Sub-Inspector of Police Kammapuram.

In this regard, the Court observed : "The non-disclosure of material facts amounts to misleading this Court and to an attempt at interfering with the administration of justice".

Therefore, the Court deemed it appropriate to initiate suo moto contempt proceedings against the respondent for withholding material information from the Court. 

"A notice is required to be issued to the Inspector of Police, Kammapuram Police Station, Cuddalore District, State of Tamil Nadu to offer an explanation as to why action should not be taken for the filing of the affidavit dated 26 September 2021. In this case, prima facie, material information regarding the conduct of the petitioner in the prison was concealed from this Court. Accordingly, the Registry is directed to register the matter as a suo motu proceeding for contempt of court", the bench stated in the judgment.

As regards the review petition, the Court commuted the death penalty to life imprisonment for not less than twenty years without reprieve or remission (separate report on that aspect can be read here).

Case Title : Sundar @ Sundarrajan vs State

Citation : 2023 LivLaw (SC) 217

Click Here To Read/Download Judgment