R S SEHRAWAT Vs. RAJEEV MALHOTRA & ORS

JUDGEMENT

(1.) The instant appeal under Section 19(1)(b) of the Contempt of Courts Act, 1971, assails the judgment and orders passed by the Division Bench of the High Court of Delhi at New Delhi in C.M. No.820 of 2001 in C.W.P. No.6734 of 2000 dated 1st June, 2001 and in R.A. No.6600 of 2001 in C.W.P. No.6734 of 2000 dated 10th May, 2006 whereby the appellant has been found guilty of filing false affidavit and attempting to mislead the Court, thus committing contempt of court by his acts which were of such a nature that they tended to substantially interfere with the due course of justice. The appellant has been sentenced to undergo simple imprisonment for a period of 30 (Thirty) days and to pay a fine of & Rs. 25,000/- (Twenty Five Thousand Only). Review petition against the said decision came to be dismissed on 10th May, 2006.

(2.) Briefly stated, the appellant was working as a Junior Engineer in Municipal Corporation of Delhi (MCD). The writ petitioner (respondent No.1 herein) had alleged that the appellant and other officials, including police officials had, by their act of commission and omission, first permitted the writ petitioner to carry on unauthorised construction on the property bearing Plot No.37-C measuring 834 square yards at Asoka Avenue, Sainik Farms, New Delhi and later on unilaterally demolished the said structure. This was the grievance made in Civil Writ Petition No.6734 of 2000 filed by respondent No.1. Respondent No.1 had prayed for taking action against the appellant and other officials including police officials involved in the alleged incident of demolition of the structure. The Division Bench of the High Court adverting to the direction issued in Public Interest Litigation bearing C.W.P. No.7441 of 1993 dated November 3, 1997 restraining unauthorised constructions in unauthorised colonies, issued notice on 6th December, 2000 in the present writ petition to the officers of the MCD and the police personnel who were posted during the time the construction was raised on the plot belonging to respondent No.1, to show cause as to why proceedings for contempt of court should not be initiated against them.

(3.) After receipt of notice, the appellant, as well as other officials, filed their respective affidavits. The appellant filed his detailed affidavit on 3rd January, 2001 inter alia pointing out the primary responsibility of the officials who were expected to comply with the directions issued on November 3, 1997 by the High Court. As regards his role in the capacity of Junior Engineer, the appellant asserted that he discharged the task assigned to him from time to time by his superior officers and submitted compliance reports to them in that behalf. He further asserted that he had undertaken 14 major demolition actions in Sainik Farms alone between 7th March, 2000 and 27th September, 2000 and razed these constructions to the ground. It was asserted that the writ petitioner illegally constructed the building at the same location inspite of the demolition action taken on the earlier occasions. In support of the contention that he had resorted to the demolition of concerned structure, he placed reliance on the office submission made by him to his superiors as well as the photographs of the structures taken before and after the demolition drive. The stand taken by the appellant was contested by respondent No.1. To verify the factual position, the High Court vide order dated 12th January, 2001 appointed a Committee of advocates to inspect the site and submit a fact finding report. That report was submitted to the High Court by the Committee of advocates on 23rd January, 2001.