Uttarakhand HC imposes Rs 2 Lakh Fine on Lawyer for Filing False Affidavit

Team SoOLEGAL 10 Aug 2018 6:30pm

Uttarakhand HC imposes Rs 2 Lakh Fine on Lawyer for Filing False Affidavit

The Uttarakhand HC on Wednesday imposed costs of Rs 2 lakh on a practising advocate for making false averments in an affidavit filed by him in the High Court.

The order was passed by Justice Lok Pal Singh while hearing a plea filed by one Chandra Shekhar Kargeti under Section 482 of the Criminal Procedure Code (CrPC), demanding to quash the criminal proceedings filed against him.

A complaint was filed against Kargeti by Geeta Ram Nautiyal under provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act) and the Information Technology (IT) Act.

Nautiyal, Secretary of the Uttarakhand Scheduled Caste and Scheduled Tribes Commission, filed the charges following Kargeti’s Facebook comments, in which he accused Nautiyal being a corrupt officer.

The advocate then filed an application under Section 482 of the Code of Criminal Procedure (CrPC) in his efforts to quash the criminal proceedings against him. In support of this application, Kargeti filed an affidavit in which he submitted that Nautiyal was a Brahmin and therefore, no case should lie under the SC/ST Act.

Following the application filed by Kargeti, a single judge passed an interim order directing that no coercive action should be taken against the advocate while the application was pending before the High Court.

Nautiyal then filed a Special Leave Petition against the said order, however, it was also dismissed by the apex court. Further, the top court directed that the case to be disposed of expeditiously.

But, when the matter came up for hearing before Justice Lok Pal Singh, he noted that the favourable court orders were obtained on account of false claims made by Kargeti, alleging that Nautiyal was not part of a Scheduled Tribe.

To prove Kargeti’s claims to be false, Nautiyal had produced before the court a caste certificate issued in 1988, which clearly recognized him as a member of the Jaunsari Scheduled Tribe community. However, Kargeti did not file any evidence to support his claims. In view of the same, Justice Singh concluded that Kargeti’s submissions were fraudulent and constituted the offence of perjury.

“… it is abundantly clear that said averment has been made just to mislead and to commit fraud upon the Court and to obtain a favourable order in his favour, which amounts to perjury and fraud upon the Court”, the judge said.

“… this Court is of the opinion that a heavy cost should be imposed upon the applicant. The applicant is not a layman, rather he is an Advocate, he should be more vigilant and cautious while making a statement on oath in the form of affidavit before the Court, but he made a bald and false statement on oath before this Court”, Justice Lok Pal Singh further added. 

Tagged: Fine Imposed on Lawyer   Lawyer Fined   Uttarakhand HC   False Affidavit   Justice Lok Pal Singh  
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