Orissa High Court: S. K. Sahoo J., ordered the petitioner to be detained in judicial custody and rejected the prayer sought.

The present application was filed by the petitioner for interim bail on the ground that his wife is suffering from multiple types of diseases and the doctor advised her to take complete rest due to COVID-19 pandemic.  A medical prescription and medical fitness certificate certifying the medical condition of one patient namely Santosini Kanhar, who is aged about twenty-five years and she is a female and wife of the petitioner.

Counsel for the State raised doubts about the authenticity of the certificates, pursuant to which vide order dated 09-12-2020 the Deputy Commissioner of Police, Cuttack was directed to depute a responsible Senior Police Officer in the rank of Deputy Superintendent of Police to enquire into the matter by examining the doctor concerned, the O.P.D. register etc. and furnish a report to this Court regarding the authenticity of such documents.

The report stated that the medical documents enclosed with the interim application have been forged and fabricated.

The Court thus observed that as per Section 2(c) of the Contempt of Courts Act, 1971, ‘criminal contempt’ means, inter alia, “the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.”

The Court further observed that law is well settled that anyone who takes recourse to fraud deflects the course of judicial proceedings; or if anything is done with oblique motive, the same interferes with the administration of justice. If a forged and fabricated document is filed in Court to get some relief, the same may amount to interference with the administration of justice and the conduct is punishable as contempt of Court. The fabrication and production of false document can be held to be interference with the due course of justice. Any interference in the course of justice, any obstruction caused in the path of those seeking justice are an affront to the majesty of law and therefore, the conduct is punishable as contempt of Court. Law of contempt is only one of many ways in which the due process of law are prevented to be perverted, hindered or thwarted to further the cause of justice. Due course of justice means not only any particular proceeding but a broad stream of administration of justice. Therefore, due course of justice used in section 2(c) or section 13 of the Contempt of Courts Act, 1971 are of wide import and are not limited to any particular judicial proceeding.

The Court held that Gumesh Mallik has committed contempt of Court and hence has to file show cause as to why necessary action shall not be taken against him for committing criminal contempt of Court under the provisions of the Contempt of Courts Act, 1971.

In view of the above, petition was dismissed.[Chandramani Kanhar v. State of Odisha,  2020 SCC OnLine Ori 930, decided on 21-12-2020]

Arunima Bose, Editorial Assistant has put this story together

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