RE: SUO MOTO PROCEEDINGS AGAINST MR. R. KARUPPAN, ADVOCATE versus -

RE: SUO MOTO PROCEEDINGS AGAINST MR. R. KARUPPAN, ADVOCATE versus -

The respondent, R. Karuppan, knowingly made false statements in an affidavit filed in support of a writ petition concerning the age determination of the Chief Justice of India, despite being aware of the President's prior determination under Article 217 of the Constitution. As affidavits are evidence under Section 191 IPC, knowingly swearing to a false affidavit constitutes perjury, punishable under Section 193 IPC, necessitating prosecution to uphold the sanctity of court proceedings.

Parties
Respondent: R. Karuppan
Jurisdiction
India
Judgment Date
12 May 2001
Procedural Posture
Suo Motu Proceedings / Writ Petition (civil) / Disposition
Outcome
Suo motu petition disposed of; direction issued
Legal Topics
Perjury, Quo Warranto, Affidavit as Evidence
Criminal Law Constitutional Law Legal Procedure Perjury Quo Warranto Affidavit as Evidence

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Parties

R. Karuppan

Respondent

Procedural Posture

Suo Motu Proceedings / Writ Petition (civil) / Disposition

Legal Issues

  1. 1 Whether swearing a false affidavit in judicial proceedings constitutes perjury under Section 191 IPC and punishable under Section 193 IPC
  2. 2 Duty of the court to curb false evidence in public justice

Ratio Decidendi

The respondent, R. Karuppan, knowingly made false statements in an affidavit filed in support of a writ petition concerning the age determination of the Chief Justice of India, despite being aware of the President's prior determination under Article 217 of the Constitution. As affidavits are evidence under Section 191 IPC, knowingly swearing to a false affidavit constitutes perjury, punishable under Section 193 IPC, necessitating prosecution to uphold the sanctity of court proceedings.

Court Disposition

Suo motu petition disposed of; direction issued

Orders

  • Registrar General of the Supreme Court is directed to depute an officer of the rank of Deputy Registrar or above to file a complaint under Section 193 IPC against R. Karuppan before a Magistrate at Delhi and to prosecute the complaint.