Dhananjay Sharma vs State Of Haryana And Ors on 2 May, 1995
In Dhananjay Sharma vs. State of Haryana, (1995) 3 SCC 757,
the Supreme Court observed that 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 court and renders himself liable to be dealt with in
accordance with the Act. Filing of false affidavits, evidence or making false
statements on oath in Courts aims at striking a blow at the Rule of Law
and no Court can ignore such conduct which has the tendency to shake
public confidence in the judicial institutions because the very structure of
an ordered life is put at stake. It would be a great public disaster if the
fountain of justice is allowed to be poisoned by anyone resorting to filing
of false affidavits or giving of false statements, and fabricating false
evidence in a court of law.