SC: Person must come to court with clean hands & never make attempt to pollute stream of justice

Supreme Court of India. (PTI File Photo)

Supreme Court of India. (PTI File Photo)

New Delhi, March 30 (PTI): An individual approaching a court must come with clean hands and never attempt to pollute the stream of justice by filing a document he knows is fabricated, the Supreme Court has said, holding a man guilty of contempt and ordering his detention.

A bench headed by Justice U U Lalit noted that the man has accepted his guilt right at the initial stage and has tendered an unconditional apology.

It is well settled that a person who comes to the court must come with clean hands and never make even an attempt to pollute the stream of justice by filing a document which he knows to be false or fabricated, the bench, also comprising Justices S R Bhat and P S Narasimha, said in its order passed on Tuesday.

The top court noted that the man, who was last year granted two weeks to surrender before the court concerned in connection with a matter in Maharashtra, had filed an application seeking four weeks more to surrender.

Along with the application, he had annexed a laboratory test report under the signature of two doctors which purportedly stated he was COVID-19 positive.

The bench noted that no extension of time to surrender was granted by the top court, and after it was pointed out that the report annexed by him was forged, notices were issued to the doctors concerned.

It said both the doctors had filed affidavit and stated they had never issued any such certificate to the man and that the report filed by him was actually issued to a woman in April last year.

The top court had then issued notice to the man as to why contempt action be not initiated against him.

The bench noted that the man has filed an affidavit tendering unconditional apology for filing the fabricated medical certificate in the apex court.

However, considering the fact that he accepted the guilt right at the initial stage and tendered an unconditional apology, we impose following sentence ., the bench said, after holding him guilty of having committed contempt of court.

It directed that he shall be taken to the office of the concerned additional registrar (in-charge of security) where he shall be detained till the rising of the court.

The bench said he shall also pay a fine of Rs 2,000 which be deposited in the apex court registry during the course of the day.

It said the registry shall deposit the fine amount in the account of the Supreme Court Legal Services Committee.

The top court noted that the man had earlier filed a special leave petition (SLP) challenging the January last year order passed by the Bombay High Court.

It said the apex court had in March 2021 did not find any reason to interfere and the SLP was dismissed.

The bench noted that at the request of the counsel appearing for the man, he was given two weeks to surrender himself before the court concerned.

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Source: PTI