‘Polluted The Stream Of Justice’: Andhra Pradesh HC Imposes Cost Of ₹1 Lakh Each On 14 Petitioners For Filing False Affidavit
The Andhra Pradesh High Court recently imposed a cost of Rs.1,00,000 on each of the 14 petitioners for filing a false affidavit and thereby concealing material fact.
While observing that the petitioners polluted the stream of justice, the Court held that filing false affidavit is an evil that must be effectively curbed with strong hand to preserve the purity of the judicial proceedings.
“The petitioners have polluted the stream of justice. They have filed false affidavit which is an evil which must be effectively curbed with strong hand to preserve the purity of the judicial proceedings.”, Justice Ravi Nath Tilhari observed.
In this case, the Court had directed all petitioners to appear before it in view of the fact that in the writ petition a clear statement was made on affidavit that the notices/orders impugned in the writ petition were not preceded by any show cause notice.
The challenge to the impugned notices/orders by the petitioners is on the ground of violation of the principles of natural justice in not giving the show cause notice before issuing the final order.
The counsel representing respondent No.2, in this case, submitted that previous to the passing of the impugned orders/notices, the show cause notices were served to all the petitioners.
Later the counsel for the petitioners submitted that the petitioners admitted that the show cause notice was served on all the petitioners and the impugned notices/orders were passed after affording them opportunity of hearing.
The counsel for the petitioners submitted that the petitioners admitted the service of the show cause notices but they did not know the contents thereof.
Advocate T.Sai Surya appeared for the petitioners and Advocate G. Naresh Kumar appeared for Respondent.
“It is evident that the fact of service of show cause notice was not disclosed in the affidavit. Not only that, specific averment to the contrary was made, that “the impugned notices are not preceded by any show cause notice” which fact is contrary to the record and now admitted by the petitioners.”, the Court noted.
The Court observed that the petitioners may or may not be aware of the difference between the show cause notice and the final notice/order but the correct fact of receipt of the earlier notices was required to be disclosed.
The Court noted that the petitioners abused the process of the Court and didn’t approach the Court with clean hands.
Thus the Court imposed a cost of Rs.1,00,000 on each of the petitioners.
Cause Title- Writ Petition No.35916 of 2022