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Contempt of CourtSupreme Court of India

R.S. Sehrawat v. Rajeev Malhotra & Ors.

Criminal Appeal · 2018 INSC 779Decided 5 Sept 2018
Criminal Appeal No. 684 of 2006
Chief Justice Dipak Misra · Justice A.M. Khanwilkar

Background

A Junior Engineer with the Municipal Corporation of Delhi (MCD) was held guilty of contempt by the Delhi High Court for allegedly filing a false affidavit in a case about unauthorised construction that his department was supposed to demolish. The High Court sentenced him to 30 days' simple imprisonment and a fine, and later dismissed his review petition. He appealed to the Supreme Court, arguing he was never given a formal, specific charge and that his affidavit was in fact backed by contemporaneous departmental records and photographs showing he had carried out the demolitions as required.

Decision Breakdown

The Supreme Court found that the High Court never framed or communicated a proper charge to the appellant before convicting him for contempt, and that it had failed to even consider his contemporaneous office records, photographs, and evidence of departmental exoneration on the same facts. Since contempt proceedings are quasi-criminal and demand the same standard of proof and procedural safeguards as criminal cases, convicting him without a specific charge and without weighing his evidence was unsustainable. The Court held the appellant's affidavit was adequately supported by genuine contemporaneous records and could not be treated as an attempt to mislead the court. It quashed the High Court's contempt findings and sentence, and dropped the underlying show-cause notices, allowing the appeal.

Lesson Learnt

A person cannot be convicted for contempt of court without being told precisely what charge they must answer, and courts must weigh documentary evidence actually placed on record before concluding someone lied to the court.

R.S. Sehrawat v. Rajeev Malhotra & Ors. – Legal Case Shots | LegalAware