August 9, 2018:
Uttarakhand HC has expounded that,”Swearing on a False Affidavit would amount to perjury”.
HC Bench headed by Justice Lok Pal Singh then proceeded to imposed costs of Rs 2 Lakh on a practising Advocate for filing False Affidavits in his efforts to have criminal proceedings initiated against him quashed.
HC Bench further expounded that,“Now-a-days many a litigants are not afraid in making false statements on oath to mislead the Court and even to commit perjury with the Court”.
Bench stated that,”If such acts of litigants committing fraud upon the Court and making false statements on oath to mislead the Court just to obtain a favourable order is permitted to continue unabated it will certainly ruin the sanctity of the courts. Thus, such a litigant should be tackled with strong hands.”
The Facts of the case were that, certain adverse comments were posted on Facebook against Geeta Ram Nautiyal, Secretary of the Uttarakhand Scheduled Caste and Scheduled Tribes Commission. In his Facebook comments, Advocate Chandra Shekhar Kargeti accused Nautiyal of being a corrupt officer.
Geeta Ram Nautiyal lodged a complaint in 2016 under provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act) and the Information Technology (IT) Act.
HC Bench emphasized that,”Sanctity of the affidavits has to be preserved and protected discouraging the filing of irresponsible statements on oath.”
High Court Bench pointed out that,”This Court is of the opinion that a heavy cost should be imposed upon Applicant. Applicant is not a layman, rather he is an Advocate, he should be more vigilant and cautious while making a statement on oath in the form of affidavit before the Court, but he made a bald and false statement on oath before this Court.”
HC Bench proceeded to impose costs of Rs 2 lakh on Kargeti.