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The actions of respondents 3 to 5 in filing false affidavits and denying that the detenu and Sushil Kumar had been whisked away and detained illegally in their custody between 15th January 1994 and 17th of January 1994 is not only reprehensible and condemnable but also requires to be dealt with rather sternly. The belated apologies offered by them, though still maintaining that the detenu and Sushil Kumar had not been detained by them, even in the face of the evidence recorded by the CBI, as commissioner of this Court, and its report are not apologies of a truly repentent person but made obviously with a view to escape punishment. Had respon-dents 3 to 5 been sincere in their apologies and had they realised their mistake, there was no reason why respondents 4 and 5 should have sub-sequently indulged in acts which have the effect of aggravating their contumacious conduct. During the pendency of the proceedings in this Court, as already observed, respondent No. 4 Sham Lal Goel and respon-dent No. 5 Rajinder Singh, SHO 'tutored' Sushil Kumar taxi driver and 'forced' him to make a false statement and filed a false affidavit in this court and to falsely assert that he had never been way laid by the Haryana Police and that the story of detention as put forward by Shri Dhananjay Sharma and Shri S.C. Puri, Advocate, was false. Subsequently, not only before the CBI but also in this Court Sushil Kumar realised his mistake and gave the correct version of the occurrence and also disclosed as to how and why he had made the false statement. It is a matter not only of regret and concern but also causes us great anguish to notice that the police officials, respondents 4 and 5, should have indulged in tutoring Sushil Kumar and forced him to give false evidence while proceedings were pending in this Court. They have aggravated their contumacious acts. Their action was deliberate and an attempt to over reach the due process of law without compunction. Their action is an affront to the Majesty of Law. Under the circumstances, the question of accepting their belated apology for which a very strong plea was made by their learned counsel, Mr. R.K. Jain, Mr. Natarajan and Mr. Lalit does not arise and we have no hesitation whatsoever in rejecting the belated apologies tendered by respondents 3 to 5, which we do not find to be genuine, bonafide or expression of true repentance.

From a consideration of the material on the record, we find that respondent No. 1 appears to have followed a faulty system, which was prevailing in the State of Haryana in cases involving detention of the citizens in the matter of filing of counter affidavit in petitions for habeas corpus and on a wrong understanding of the import of the order of this Court. We are, however, satisfied that the unqualified apology tendered by him is genuine and an expression of real contriteness and repentance. Therefore, while cautioning him to be careful in future, we accept his unqualified apology and the contempt proceedings initiated against him are allowed to rest here. The rule issued against him is discharged. We hope that such lapses shall not occur in the future, since the system, we have been assured, has now been revamped.

So far as Shri Sushil Kumar taxi driver is concerned, he on his own showing has made a false statement in this Court. He has also filed a false affidavit. He has on his own showing, thus, committed a grave contempt of this Court, besides committing perjury. However, he disclosed the correct facts to the CBI and reiterated the same subsequently in this Court through his affidavit. He has placed himself at the mercy of the court, after tendering an unconditional and unqualified apology, which has been reiterated at the bar both by him personally and through his Advocate Shri Ranjit Kumar. From the report of the CBI and the other material on the record, we are satisfied that the false statements made by him in this court, both orally and through his affidavit, were not voluntary and that he was acting under pressure of respondents 4 and 5. It is, however, no defence for him to say that he so acted on account of the fear of the police of Haryana and that he had been 'tutored' by respondents 4 and 5 to make a false statement and file a false affidavit in this Court. He should have known better. Though, we are of the opinion that he his now repentant but he cannot be allowed to go scot free for the falsehood indulged into by him in this Court and for his attempt to poison the stream of justice. However, taking the mitigating circumstances also into consideration, we sentence him to one days' simple imprisonment and to a fine of Rs. 1000 and in default to further undergo fifteen days simple imprisonment, for commit- ting contempt of this Court.

In the instant case before us as noticed and high-lighted by my learned brother at the Bench, we express our grave displeasure over the whole episode. The police officials, respondents Nos. 3 to 5 herein, namely, the Superintendent of Police Hissar Shri Anil Davra, Addl. Superintendent of Police Hissar Shri Sham Lal Goel and SHO Hissar Shri Rajendra Singh, totally misdirected themselves by not allowing the truth to come out before this Court. They had the audacity to make false affidavits in the apex Court to cover up their illegal acts. It is a matter of concern that even senior police officials of the status of SSP and DSP should not realise their obligations to the courts and indulge in blatant falsehood with a view to mislead the court. We cannot but strongly condemn this attitude on their part. Not only this but the respondents Nos. 4 and 5 even went to the extent of forcing the Taxi Driver Sushil Kumar to make a false affidavit and false statement on oath before this Court by denying the allegations contained in the petition, with a view to misguide this Court and hamper the course of justice. They had not only chosen a wrong path for themselves, contrary to the principles of the institution to which they belong, but they also tried to detract the Taxi driver from divulging the truth to mislead this Court which was concerned with the liberty of a citizen. They went on to reiterate their false stand till after the CBI enquiry report was received and wisdom dawned upon them to tender apology only when they found themselves in a tight corner and had no way out to escape. In such circumstances, by no stretch of imagination, it can be said to be a real repentence of what they have done.