Tendering Of False Affidavit/Undertakings Can Amount To Contempt Of Court: Supreme Court

The Supreme Court observed that the tendering of affidavits and undertakings containing false statement would amount to contempt of court.

A person who makes a false statement before the Court and makes an attempt to deceive the Court, interferes with the administration of justice and is guilty of contempt of Court, the bench comprising Justices UU Lalit and PS Narasimha observed.

Last year, the the Court had recalled an order granting custody of a child to a Kenyan citizen of Indian origin after finding that he had played fraud on the court and had approached it with "unclean hands" by suppressing material facts. It had also initiated contempt proceedings against one of the parties for having violated the undertakings.

While considering this case, the court noticed an earlier decision on the question whether tendering of affidavits and undertakings containing false statement would amount to criminal contempt or not. Referring to ABCD v. Union of India, the court said:

"15. It is thus well settled that a person who makes a false statement before the Court and makes an attempt to deceive the Court, interferes with the administration of justice and is guilty of contempt of Court. The extracted portion above clearly shows that in such circumstances, the Court not only has the inherent power but it would be failing in its duty if the alleged contemnor is not dealt with in contempt jurisdiction for abusing the process of the Court."

The bench therefore held that Perry is guilty of having committed criminal contempt of Court apart from the contempt for violating express undertakings given to the Courts, including this Court.

"Though the instant proceedings can be taken to logical conclusion and order of sentence can be awarded even in the absence of Perry, we give final opportunity to Perry to present himself before this Court on 22.07.2022 at 3.00 pm along with .... He shall then have an opportunity to advance appropriate submissions on the issue of punishment to be awarded to him. It shall also be open to Perry to purge himself of contempt in which case a sympathetic view may be taken in the matter.", the court observed.

Case details

In Re Perry Kansagra |  2022 LiveLaw (SC) 576 | SMC(C) 3 OF 2021 | 11 July 2022

Coram: Justices UU Lalit and PS Narasimha

Headnotes

Contempt of Courts Act, 1971 - A person who makes a false statement before the Court and makes an attempt to deceive the Court, interferes with the administration of justice and is guilty of contempt of Court - The Court not only has the inherent power but it would be failing in its duty if the alleged contemnor is not dealt with in contempt jurisdiction for abusing the process of the Court. 

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