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COURT'S REASONING IN A CASE OF PERJURY, THE COURT CAN INVOKE ITS CONTEMPT JURISDICTION.

17. In a case where a false affidavit had been sworn by a deponent, the Supreme Court had invoked its Criminal Contempt jurisdiction under Section 2(c) of the Act, 1971 and punished the contemnor under Section 12 of the said Act. In Dhananjay Sharma Vs. State of Hrayana & Ors., (1995) 3 SCC 757, it has been held that even though the provisions relating to perjury were applicable, the offenders were liable for criminal contempt as it had the effect of interfering and/or impeding with the administration of justice. The relevant portion of the Apex Court judgment in Dhananjay Sharma (supra) is reproduced hereinbelow:-

"38. Section 2(c) of the Contempt of Courts Act, 1971 (for short the Act) defines criminal contempt as "the publication (whether by words, spoken or written or by signs or visible representation or otherwise) of any matter or the doing of any other act whatsoever to (1) scandalise or tend to scandalise or lower or tend to lower the authority of any court; (2) prejudice or interfere or tend to interfere with the due course of judicial proceedings or (3) interfere or tend to interfere with, or obstruct or tend to obstruct the administration of justice in any other manner. Thus, any conduct which has the tendency to interfere with the administration of justice or the due course of judicial proceedings amounts to the commission of criminal contempt. The swearing of false affidavits in judicial proceedings not only has the tendency of causing obstruction in the due course of judicial proceedings but has also the tendency to impede, obstruct and interfere with the administration of justice. The filing of false affidavits in judicial proceedings in any court of law exposes the intention of the party concerned in perverting the course of justice. The due process of law cannot be permitted to be slighted nor the majesty of law be made a mockery of by such acts or conduct on the part of the parties to the litigation or even while appearing as witnesses. Anyone who makes an attempt to impede or undermine or obstruct the free flow of the unsoiled stream of justice by resorting to the filing of false evidence, commits criminal contempt of the court and renders himself liable to be dealt with in accordance with the Act...."

THE PRESENT CASE IS A CASE OF CONTEMPT IN THE FACE OF THE COURT AND THEREFORE, THE PROCEDURE UNDER SECTION 14 OF ACT, 1971 APPLIES. FOR ALL OTHER CASES OF CRIMINAL CONTEMPT SECTION 15 IS APPLICABLE.

27. Criminal Contempt is defined under Section 2(c) of the Act, 1971. Section 14 deals with contempt in the face of the Court. Under the said section, the Judge in whose face the contempt is committed can himself/herself forthwith take notice and issue orders of contempt against the contemnor. Lord Denning has held "contempt in the face of the Court was never confined to conduct which a judge saw with his own eyes. It covered all contempts for which a judge of his own motion could punish a man on the spot. So contempt in the face of the court is the same thing as contempt which the court can punish of its own motion. It really means contempt in the cognisance of the court." [73 Balogh vs. St. Albans Crown Court (supra)].

28. Contempt in the face of the Court may be criminal or civil contempt. However, in both cases of contempt in the face of the Court, the procedure under Section 14 of the Act, 1971 is attracted. For all other cases of criminal contempt Section 15 is applicable.

29. Further, this Court is of the opinion that a contemnor is not in a position of an accused and contempt proceedings are separate and distinct from criminal proceedings. In a criminal trial where a person is accused of an offence, there is a Public Prosecutor who prosecutes the case on behalf of the prosecution against the accused, but in contempt proceedings the Court is both the accuser as well as the Judge of the accusation as observed by the Supreme Court in Debarata Bandopadhyay Vs. State of West Bengal, AIR 1969 SC 189. In fact, contempt proceeding is sui generis. It has peculiar features which are not found in criminal proceedings. In this view the contemnors do not stand in the position of a person accused of an offence and the Court is free to evolve its own procedure consistent with principles of fair play and natural justice. The Supreme Court in Delhi Judicial Service Association, Tis Hazari Court, Delhi Vs. State of Gujarat & Ors., (1991) 4 SCC 406 has held so. The relevant portion of the said judgment is reproduced hereinbelow:-