Facts
Mr Parithi Ilamvazhuthi (Respondent No 1 & Accused) was elected as Member of Legislative Assembly (in short ‘MLA’) of the Egmore Constituency, Chennai in the Elections held on 10.05.2001 to the Tamil Nadu State Legislative Assembly. In respect ofviolence on the day of election, Respondent No. 1 was arrested and remanded to judicial custody on 17.05.2001. On the same day, that is, on 17.05.2001, Mr Mutthu Karuppan (Appellant & Alleged contemnor) was appointed as Commissioner of Police, Greater Chennai City and assumed charge. On 21.05.2001, Respondent No. 1 moved an application for bail in Crl. M.P. No. 1379 of 2001 before the XIV Metropolitan Magistrate which was dismissed on the same day. On 22.05.2001, Respondent No. 1 moved an application for bail before the Sessions Judge in Crl. M.P. No. 6277 of 2001 mainly on the ground that as the new Assembly Session commences on 22.05.2001, he has to take oath and further the victim, namely, one Mr David has also been discharged from the hospital. On 23.05.2001, Respondent No. 1 was granted conditional bail by the Sessions Judge mainly on the ground that he has to take oath as MLA. Against grant of bail to Respondent No. 1, Inspector of Police-(Respondent No. 2) filed an application being Crl. O.P. No. 9352 of 2001 on 24.05.2001 for cancellation of bail with application for stay before the High Court. On the same day, vacation Judge of the High Court stayed the order of grant of bail to Respondent No. 1 till 29.05.2001 on the ground that victim, namely, David is in serious condition and the accused Respondent No. 1 is in police custody.
By pointing out that the information furnished by Respondent No. 2 in his affidavit filed in support of the application for stay of the order of grant of bail regarding his police custody is false, Respondent No. 1 filed a counter affidavit praying for vacation of the stay granted by the High Court. On 29.05.2001, Respondent No. 2 filed his reply affidavit submitting that on 23.05.2001 application seeking police custody of other 8 accused were made and in the affidavit filed in support of the petition to cancel the bail, by oversight, it was mentioned that police custody was also obtained in respect of the Respondent No.
- He also conveyed to the court that it is a mistake by oversight and the same is neither willful nor wanton. On going through the material placed, the learned Single Judge, by order dated 30.05.2001, dismissed Crl. O.P. No. 9352 of 2001
filed by Respondent No. 2 to cancel the bail granted to the first Respondent by the Sessions Judge.
After the order dated 30.05.2001, Respondent No. 1 filed Contempt Application No. 397 of 2001 before the High Court stating that on the direction, supervision and knowledge of the Appellant herein, Respondent No. 2 moved an application to cancel the bail granted to him on the basis of false statement thereby prevented him from attending the Assembly. On 29.10.2004, the Division Bench of the High Court proceeded on the fact that the Commissioner of Police-Appellant herein was aware of the arrest of Respondent No. 1 and also of the fact that as an elected MLA because of the wrong information by Respondent No. 2, the High Court stayed the order of bail and he was prevented from assuming office as MLA and dealt with the matter and finally convicted him under Section 2(c) of the Act and sentenced them to undergo simple imprisonment for 7 days under Section 12 of the Act. Aggrieved by the judgment and order of the High Court, Appellant herein filed Criminal Appeal No. 1376 of 2004 before this Court.
Issue
Question arises whether the Appellant was guilty of criminal Contempt? Whether the consent of the Advocate General required ? Whether a false statement in an affidavit by the junior office could be considered as the false statement made by the senior with the intention of misleading the court? Whether the court could be compelled to initiate the contempt proceedings.
View
Giving false evidence by filing false affidavit is an evil which must be effectively curbed with a strong hand. Prosecution should be ordered when it is considered expedient in the interest of justice to punish the delinquent, but there must be a prima facie case of “deliberate falsehood” on a matter of substance and the court should be satisfied that there is a reasonable foundation for the charge.
The contempt proceedings being quasi criminal in nature, burden and standard of proof is the same as required in criminal cases. The charges have to be framed as per the statutory rules framed for the purpose and proved beyond reasonable doubt keeping in mind that the alleged contemnor is entitled to the benefit of doubt. Law does not permit imposing any punishment in contempt proceedings on mere probabilities, equally, the court cannot punish the alleged contemnor without any foundation merely on conjectures andsurmises.
If the issue involved in the proceedings have greater impact on the administration of justice and on the justice delivery system, the court is competent to go into the contempt proceedings even without the consent of the Advocate General as the case may be.
Held
The analysis of affidavits of the Inspector of Police, Assistant Commissioner and Deputy Commissioner of Police show that there is no acceptable material that the affidavit containing wrong information filed by Respondent No. 2 for cancellation of bail and stay of bail order was made at the instance of the Commissioner of Police. It is also clear that when the information about mentioning wrong statement in the affidavit filed by Respondent No. 2 against the grant of bail order was brought to the notice of the Appellant on 28.05.2001 by Deputy Commissioner of Police, namely, one Mr Christopher Nelson, the Appellant immediately asked him to direct Respondent No. 2 to file proper affidavit before the High Court and clarify the matter by placing proper facts. It is also clear from the affidavit of the government counsel E. Raja that he himself drafted the affidavit purely on the instructions of Respondent No. 2 and that the Appellant herein had no personal knowledge nor did he instruct the counsel to prepare affidavit or petition to move for cancellation of the bail. As a matter of fact, Respondent No. 2 has specifically denied the allegation that the application for cancellation of bail was moved under the direction, supervision and knowledge of the Appellant. When a city like Chennai is managed by several police officers from the level of police constable to the Commissioner of Police, in the absence of specific reference about consultation with the Commissioner of Police it cannot be presumed and concluded that the Appellant was responsible for giving incorrect information by Respondent No. 2 before the High Court.
The jurisdiction to initiate proceedings for contempt as also the jurisdiction to punish for contempt are discretionary with the court. Contempt generally and criminal contempt certainly is a matter between the court and the alleged contemnor. No one can compel or demand as of right initiation of proceedings for contempt. The person filing an application or petition before the court does not become a complainant or Petitioner in the proceedings. He is just an informer or relator. His duty ends with the facts being brought to the notice of the court. It is thereafter for the court to act on such information or not. Further Section 15 of the Act as well as the Madras High Court Contempt of Court Rules insist that, particularly, for initiation of criminal contempt, consent of the Advocate General is required. Any deviation from the prescribed Rules should not be accepted or condoned lightly and must be deemed to be fatal to the proceedings taken to initiate action for contempt.
In the present case, the above provisions have not been strictly adhered. The order of the High Court convicting the Appellant under Section 2(c) of the Act and sentencing him under Section 12 to undergo simple imprisonment for seven days is set aside. [CA No. 1376 of 2004 dt. 15.04.2011]
Editorial : In Re: Prashant Bhushan and Ors. Suo Motu Contempt Petition (Crl.) No. 1 of 2020 Decided On: 31.08.2020 (SC) (MANU/SC/0653/2020), it has been held, that in so far as suo motu petitions are concerned, the Supreme Court can very well initiate the proceedings suo motu on the basis of information received by it without consent of Attorney General. The Honourable Court sentenced the contemnor with a fine of Rs 1 (Rupees one) to be deposited with the Registry by 15-9-2020 failing which he shall undergo a simple imprisonment for a period of three months and further be debarred from practicing in this court for a period of three years. This relaxation was held to be applicable only in cases where the court suo moto proceeded against the contemnor and in all other cases the consent where provided by the statute of the AG was held to be essential for the valid proceedings.
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