GULSHAN RAI NAGPAL Vs. PRINCIPAL GOVERNMENT LAW COLLEGE

JUDGEMENT

(1.) By filing this Civil Miscellaneous Application in Writ Petition No. 425 of 1998 (Gulshan Rai Nagpal v. Principal, Sikkim Government Law College and others), the Principal, Government Law College respondent No. 1 (hereinafter referred to as the applicant) has, inter alia, made prayer to initiate necessary proceedings against the writ-petitioner, Gulshan Rai Nagpal (hereinafter referred to as OP) for making false statement on oath before this Court in Writ Petition No. 425 of 1998. By extracting paragraph 3 from writ petition No. 425 of 1998, the applicant, Principal, Government Law College has drawn the attention of the Court that Gulshan Rai Nagpal, the OP has made false statement on oath in the face of a representation submitted by the students of the Sikkim Government Law College including Gulshan Rai Nagpal, the OP which has been filed as Annexure A-1 to the application. Paragraph 3 of writ petition is extracted below :-

(2.) The relevant text of letter Annexure A-1 to the application signed by 22 students is reproduced below :-

(3.) Vide order dated 4/08/1998 passed in this Civil Misc. Application, this Court directed the issue of show cause notice to Gulshan Rai Nagpal, the O.P. as to why a proceeding under Section 193, IPC or under any other law shall not be initiated against him. Gulshan Rai Nagpal, the O.P. in his show cause stated that the application filed by the Principal, Sikkim Government Law College, the applicant is in misconceived as he had not made any incorrect or false statement on oath in paragraph 3 of writ petition No. 425 of 1998. Gulshan Rai Nagpal, the O.P. admitted that he is one of the signatories in the Annexure A-1 filed by the Principal, Sikkim Government Law College to this misc. case. He stated that when difficulties of the lecturers to conduct classes for 5 years LLB. Course in the morning and classes for three years LLB. (Final Year) Course in the evening came to light, Gulshan Rai Nagpal along with seven others, whose names were shown typed in the representation being Annexure A-1, submitted the same before the Principal, applicant on his assurance that the students who would be unable to attend classes because of change of class hours, should be given attendance to appear in the final year examination to be held in 1998. Gulshan Rai Nagpal stated on oath in paragraph 3 of the said Writ Petition, ". . . . . . . .but the Principal, Sikkim Govt. Law College all of sudden in the midst of the session, arbitrarily, changed the evening classes hours from 4.00 p.m. onwards to 1.45 onwards. . . . . . . . . ." During course of hearing, Gulshan Rai Nagpal, the O.P. raised the following four points :- (a) Representation was submitted for starting the classes of the Law College from 2.00 p.m. instead of 4.00 p.m. but the Principal, Government Law College, the applicant, instead of 2 p.m. fixed 1.45 p.m. as the time for starting the classes. (b) There were 29 students in the class but the application (A-1) contained signatures of only 22 students. As such, the decision to start the classes at 1.45 p.m. was taken arbitrarily, and, that, even if the O.P. had signed on the representation, the Principal could not have changed the timings of the classes without the prior approval of the North Bengal University to which the Law College is affiliated. (c) Even if the statement is false, such false statement must pertain to judicial proceedings and that since the statement does not pertain to judicial proceedings, no action could be initiated against the petitioner. (d) Since the writ petition had not been admitted, it could not be said that the judicial proceedings had commenced and therefore, the affidavit could not be said to be filed in a judicial proceeding.