New Delhi: A man has been sentenced to five years in jail by a Delhi court for "hoodwinking" the Supreme Court by submitting a false affidavit way back in 1998 to save himself from getting evicted from rented premises.
"Tampering with the record of judicial proceedings and filing of false affidavit, in a court of law has become the tendency of many litigants. It causes obstruction in the due course of justice," Additional Sessions Judge Narinder Kumar said.
"It not only undermines the dignity of the courts but also obstructs free flow of pure stream of justice. The stream of justice has to be kept pure, at all costs, and accordingly no person like the accused convict can be permitted to take liberties with law," the judge said, while sentencing south Delhi resident Mohan Singh, 54, and imposing a fine of Rs 20,000.
The prosecution case was that in June 1981, an application under Delhi Rent Control Act was filed by one Amar Singh Sadana before the Additional Rent Controller, seeking permission for creation of tenancy for limited period of two years in favour of Singh in respect of a single storey in East of Kailash.
The statement of both Singh and Sadana were recorded by the controller and a tenancy was created in Singh`s name.
When Singh refused to vacate the premises after expiry of two years, Sadana, filed an execution application, which was allowed by the rent control tribunal.
A revision petition filed by Singh before the Delhi High Court came to be dismissed. It led to filing of a special leave petition (SLP) by Singh before the Supreme Court.
In his SLP, Singh said that when plea for creation of tenancy was heard by the controller, he was not present in court as he had left for Germany.
Sadana, however, informed the apex court that Singh had filed a false affidavit in support of his SLP and had also interpolated a document in record of rent control tribunal. He claimed that a copy of the rejoinder filed by Singh before the controller was also tampered with.
The Supreme Court, while disposing of the matter, held the rejoinder filed by Singh before the controller was tampered later when the matter was pending before the rent tribunal in order to support his case.
It also said that an inference can be drawn that a document number "79A" was interpolated in the record of the tribunal at a later point of time.
Further drawing an inference that the visa alleged to have been issued by the German Embassy on June 26, 1981 to Singh and the Immigration Stamp found thereon were not genuine, the apex court directed the registrar to file a complaint for against him for furnishing false evidence, forging court record and using as genuine a forged record.
The complaint was heard by the court of chief metropolitan magistrate, who acquitted Singh of all charges on the ground that the prosecution had failed to prove its case.
Hearing the revision, the additional sessions judge`s court, on careful appreciation of evidence, concluded that he had forged the rejoinder forming part of court record of ARC.
On allegations of introducing forged passport, the judge said in absence of any list of documents annexed with the application, it cannot be said if it was introduced in the file subsequently.