CHANDRA SHASHI versus ANIL KUMAR VERMA

CHANDRA SHASHI versus ANIL KUMAR VERMA

Filing a forged and fabricated document with intent to deceive the Court constitutes criminal contempt under Section 2(c) of the Contempt of Courts Act, 1971; an unconditional apology after discovery of wrongdoing, without real contrition, cannot absolve the contemner.

Parties
Petitioner: Chandra Shashi; Respondent: Anil Kumar Verma; Respondent: M.D. Adkar; Respondent: A.K. Verma; Respondent: Ejaz Maqbool
Jurisdiction
India
Judgment Date
14 November 1994
Procedural Posture
Suo Motu Contempt / Final Disposition
Outcome
Contemner found guilty of criminal contempt; petition disposed of.
Legal Topics
Criminal Contempt, Forged and Fabricated Documents, Administration of Justice, Apology in Contempt Proceedings, Mens Rea
Contempt Law Criminal Contempt Forged and Fabricated Documents Administration of Justice Apology in Contempt Proceedings Mens Rea

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Parties

Chandra Shashi

Petitioner

Anil Kumar Verma

Respondent

M.D. Adkar

Respondent

A.K. Verma

Respondent

Ejaz Maqbool

Respondent

Procedural Posture

Suo Motu Contempt / Final Disposition

Legal Issues

  1. 1 Whether filing of a forged and fabricated document in Court with intention to defraud amounts to contempt of court under Section 2(c) of the Contempt of Courts Act, 1971.
  2. 2 Whether an unconditional apology can be accepted to purge the guilt in contempt proceedings due to filing of such documents.

Ratio Decidendi

Filing a forged and fabricated document with intent to deceive the Court constitutes criminal contempt under Section 2(c) of the Contempt of Courts Act, 1971; an unconditional apology after discovery of wrongdoing, without real contrition, cannot absolve the contemner.

Court Disposition

Contemner found guilty of criminal contempt; petition disposed of.

Orders

  • Offer of unconditional apology rejected.
  • Sentence of two weeks' imprisonment awarded to contemner Anil Kumar Verma.