LI 10. Filing False Affidavit

Whether filing of false affidavit, false document and making false statement on oath amounts to contempt of court?
The swearing of false affidavits in judicial proceedings nor only has the tendency of causing obstruction in the due course of judicial proceedings but has also the tendency to impede, obstruct and interfere with the administration of justice. The filing of false affidavits in judicial proceedings in any Court of law exposes the intention of the concerned party in perverting the course of justice. The due process of law cannot be permitted to be slighted not the majesty of law be made a mockery by such acts or conduct on the part of the parties to the litigation or even while appearing as witnesses. Anyone who makes an attempt to impede or undermine or obstruct the free flow of the unsoiled stream of justice by resorting to the filing of false evidence commits criminal contempt of the Court and renders himself liable to be dealt with in accordance with the Act. Filing of false affidavits or making false statement on oath in courts aims at striking a blow at the Rule of Law and no Court can ignore such conduct which has the tendency to shake public confidence in the judicial institutions because the very structure of an ordered life is put at stake. It would be a great public disaster if the fountain of justice is allowed to be poisoned by anyone resorting to filing of false affidavits or giving of false statements and fabricating false evidence in a Court of law. The stream of justice has to be kept clean and pure and anyone soiling its purity must be dealt with sternly so that the message percolates loud and clear that no one can be permitted to undermine the dignity of the Court and interfere with the due course of judicial proceedings or the administration of justice in Chandra Shashi v. Anil Kumar Verma MANU/SC/0558/1995 : 1994ECR636(SC) the respondents produced a false and fabricated certificate to defeat the claim of the respondent for transfer of a case. This action was found to be an act amounting to interfere with the administration of justice. Brother Hansaria, J. speaking for the Bench observed: (At P. 4995, of AIR)
"The stream of administration of justice has to remain unpolluted so that purity of Court's atmosphere may give vitality to all the organs of the State. Polluters of judicial firmament are, therefore, required to be well taken care of to maintain the sublimity of Court's environment; so also to enable it to administer justice fairly and to the satisfaction of all concerned. Anyone who takes recourse to fraud deflects the course of judicial proceedings; or if any thing is done with oblique motive, the same interferes with the administration of justice. Such persons are required to be property dealt with, not only to punish them for the wrong done, but also to deter others from indulging in similar acts which shake the faith of people in the system of administration of justice."
Thus, if any person tries to either file any false affidavit, forged document or even makes false statement on oath, the conduct of such person has a tendency to interfere with the administration of justice or the due course of judicial proceedings. This conduct is having tendency of impeding, obstructing or interference striking a blow on the role of law and no Court can ignore such conduct which has the tendency to shake the confidence of the public and in the judicial institution. It would be in our view a great public disaster if the fountain of justice is allowed to be poisoned by anyone resorting to file false affidavits by giving false statements or fabricating false evidence even by impersonation in a Court of law and as such, this type of acts clearly fall within the definition of criminal contempt as defined under Section 2(C) of the Contempt of Courts Act.
IN THE HIGH COURT OF KARNATAKA
Cr. C.C.C. No. 26/2000
Decided On: 30.07.2003
Advocate General, High Court of Karnataka
Vs.
Chidambara and Anr.