THE SECRETARY, HAILAKANDI BAR ASSOCIATION versus STATE OF ASSAM AND ANR.

THE SECRETARY, HAILAKANDI BAR ASSOCIATION versus STATE OF ASSAM AND ANR.

The contemner, a responsible police officer, deliberately submitted a false report and affidavit to mislead the Supreme Court regarding the cause and circumstances of the death of an undertrial prisoner, with the intent to cover up police excesses. This deliberate act interfered with and obstructed the administration of justice, constituting gross contempt of court under Article 129 of the Constitution read with Section 12 of the Contempt of Courts Act, 1971. The explanation and apology tendered by the contemner were found to be unacceptable and lacking bona fides.

Parties
Petitioner: The Secretary, Hailakandi Bar Association; Respondent: State of Assam; Contemner/respondent: A.K. Sinha Cashyap, Superintendent of Police, Hailakandi
Jurisdiction
India
Judgment Date
09 May 1996
Procedural Posture
Suo Motu Contempt (treated as Writ Petition (criminal) No. 209 of 1993 Under Article 32 of the Constitution) / Final Decision and Sentencing
Outcome
Conemner found guilty of contempt of court; sentenced to simple imprisonment for three months. Apology rejected.
Legal Topics
Contempt of Courts Act, Misleading the Court, Police Brutality, False Affidavit, Administration of Justice
Constitutional Law Criminal Law Contempt of Court Contempt of Courts Act Misleading the Court Police Brutality False Affidavit Administration of Justice

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Parties

The Secretary, Hailakandi Bar Association

Petitioner

State of Assam

Respondent

A.K. Sinha Cashyap, Superintendent of Police, Hailakandi

Contemner/respondent

Procedural Posture

Suo Motu Contempt (treated as Writ Petition (criminal) No. 209 of 1993 Under Article 32 of the Constitution) / Final Decision and Sentencing

Legal Issues

  1. 1 Whether the contemner (Superintendent of Police, Hailakandi) deliberately misled the Supreme Court by filing a false report and affidavit regarding the cause of death of an undertrial prisoner, thus committing contempt of court.

Ratio Decidendi

The contemner, a responsible police officer, deliberately submitted a false report and affidavit to mislead the Supreme Court regarding the cause and circumstances of the death of an undertrial prisoner, with the intent to cover up police excesses. This deliberate act interfered with and obstructed the administration of justice, constituting gross contempt of court under Article 129 of the Constitution read with Section 12 of the Contempt of Courts Act, 1971. The explanation and apology tendered by the contemner were found to be unacceptable and lacking bona fides.

Court Disposition

Conemner found guilty of contempt of court; sentenced to simple imprisonment for three months. Apology rejected.

Orders

  • The contemner, A.K. Sinha Cashyap, Superintendent of Police, Hailakandi, is sentenced to undergo simple imprisonment for three months.
  • The Director General of Police, Assam, is directed to ensure that this order is carried out forthwith and the contemner is taken into custody and imprisoned to serve the sentence.