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The Supreme Court has set aside the conviction and sentence of the Delhi High Court under the Contempt of Courts Act 1971 holding out that formal charges against the concerned person were not framed. The division bench comprised Chief Justice DipakMisra and Justice AM Khanwilkar. They were considering an appeal that has been filed by RS Sehrawat who was a junior engineer in Municipal Corporation of Delhi. The high court had held him guilty for filing a false affidavit to mislead the court. He was asked to undergo imprisoned for 30 days and a fine of Rs 25000.
The issue came up by virtue of a writ petition in Delhi High Court that was filed by one Rajeev Malhotra that a construction made by him was demolished by the Corporation on the ground that it was unauthorised. Initially it had been permitted. The high court noted that by an earlier order that construction in that area was prohibited. The Municipal Corporation did not pay heed to the order and had given the permission. The court observed that the officers in charge had committed contempt of court and initiated suomotu contempt action. The appellants had filed an affidavit stating that he had carried out the demolition as per the orders. The court then appointed a committee of advocates to inspect the site. They said that the construction was still there. The supreme court held that the affidavit regarding the demolition cannot be doubted as it was contemporaneous with other records. The court also said that the chances of the construction being resurrected by the time the court appointed the Committee cannot be ruled out.
The appellant ought to succeed on the ground that the High Court unjustly proceeded against him without framing formal charges against him . Since the affidavit was supported by contemporaneous records it cannot be claimed that it’s purpose was to obstruct the administration of justice.
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