LAWS(SC)-1985-5-29

AMRIT NAHATA Vs. UNION OF INDIA

Decided On May 08, 1985
AMRIT NAHATA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The Union of India has moved this Court seeking permission to withdraw Criminal Miscellaneous Petitions Nos. 8009 and 8010/77 pending in this Court since 1977.

(2.) Criminal 'Miscellaneous Petition No. 8009 of 1977 was moved by the Solicitor General of India requesting the court to take action against the five persons whose names and addresses have been set out in the petition u/s. 15 of the Contempt of Courts Act, 1971 on the ground that they were individually and severally guilty of wilful disobedience to the directions and order of this Court with regard to the preservation of the film 'Kissa Kursee Ka', negatives and the prints in proper condition until the disposal of Writ Petition No. 595/77 and thereby they have interfered with the due course of judicial proceedings and their conduct was intended and calculated to interfere with and obstruct the. administration of justice by causing the loss and disappearance of film 'Kissa Kursee Ka' with a view to disabling and preventing this court from effectively dealing with the writ petition pending before it and judicially determining the issues arising therein.

(3.) Criminal Miscellaneous Petition No. 8010/77 was also moved by the Solicitor General of India inviting this Court to hold that prima facie five persons whose names and addresses have been set out in the petition appear to have committed offences under S. 120-B read with Ss. 199 and 193 of the Penal Code and it was expedient in the interest of justice to file a criminal complaint against them. Broadly, it was alleged that the averments made in the petition for taking action under the Contempt of Courts Act when properly viewed would show that the persons mentioned in the petition prima facie appear to have entered into a conspiracy to intentionally give false evidence at any stage of a judicial proceeding as also fabricated evidence for the aforesaid purpose and intentionally made false statement and ,declaration which may in law be receivable in evidence and thereby committed offences under Ss. 193 and 199 of the Penal Code.