Zahira Habibullah Sheikh & Another
v.
State Of Gujarat
(Supreme Court Of India)
Criminal Misc. Petition No. 6658-61 Of 2004 In Crl.As. No. 446-49 Of 2004 | 06-12-2004
1. We have heard learned Counsel for the parties.
2. From the documents annexed, it appears that Ms. Zahira Habibullah Sheikh has submitted an affidavit to the Vadodara Collector through her lawyer that the statements she gave earlier in the Fast Track Court (Vadodara) were true statements. The necessary corollary is that what has been stated by her in her affidavits, which form part of the record of this Court, were not correct and are false affidavits.
3. Issue notice to Ms. Zahira Habibullah Sheikh to respond to the statements made in this behalf in the petitions and to state why the contents of the affidavits before this Court are not to be treated as contrary to what is purported to have been stated in the affidavit stated to have been filed before the Collector. If they are so, it shall be explained as to why they do not amount to contempt. Issue notice to the State of Gujarat and the National Human Rights Commission which were parties in the appeals. The State of Gujarat which was the appellant in one of the appeals shall indicate its stand as to whether it would consider it to be contempt or not. We make it clear that we have not expressed any opinion at this stage as to whether it amounts to contempt or not. This question shall be further gone into after the response by Ms. Zahira Habibullah Sheikh is filed.
4. The affidavits shall be filed by 3.1.2005 and the matter shall be listed on 10.1.2005. The ongoing trial shall continue and we make it clear that we have not expressed any opinion on the veracity of testimony, if any, tendered or likely to be tendered before the Court concerned.
5. Mr. D.K. Garg, Advocate accepts notice on behalf of Ms. Zahira Habibullah Sheikh. Dr. Kailash Chand, Advocate accepts notice for the accused persons who are also permitted to file response in the matter. The review petition which is stated to have been filed shall be placed for consideration by circulation and need not be listed in Court. Inspection of the records in terms of applicable rules be permitted to Mr. D.K. Garg, Advocate who has engaged by Ms. Zahira Habibullah Sheikh. Ms. Aparna Bhat, Advocate is discharged from her appearance for Ms. Zahira Habibullah Sheikh.
2. From the documents annexed, it appears that Ms. Zahira Habibullah Sheikh has submitted an affidavit to the Vadodara Collector through her lawyer that the statements she gave earlier in the Fast Track Court (Vadodara) were true statements. The necessary corollary is that what has been stated by her in her affidavits, which form part of the record of this Court, were not correct and are false affidavits.
3. Issue notice to Ms. Zahira Habibullah Sheikh to respond to the statements made in this behalf in the petitions and to state why the contents of the affidavits before this Court are not to be treated as contrary to what is purported to have been stated in the affidavit stated to have been filed before the Collector. If they are so, it shall be explained as to why they do not amount to contempt. Issue notice to the State of Gujarat and the National Human Rights Commission which were parties in the appeals. The State of Gujarat which was the appellant in one of the appeals shall indicate its stand as to whether it would consider it to be contempt or not. We make it clear that we have not expressed any opinion at this stage as to whether it amounts to contempt or not. This question shall be further gone into after the response by Ms. Zahira Habibullah Sheikh is filed.
4. The affidavits shall be filed by 3.1.2005 and the matter shall be listed on 10.1.2005. The ongoing trial shall continue and we make it clear that we have not expressed any opinion on the veracity of testimony, if any, tendered or likely to be tendered before the Court concerned.
5. Mr. D.K. Garg, Advocate accepts notice on behalf of Ms. Zahira Habibullah Sheikh. Dr. Kailash Chand, Advocate accepts notice for the accused persons who are also permitted to file response in the matter. The review petition which is stated to have been filed shall be placed for consideration by circulation and need not be listed in Court. Inspection of the records in terms of applicable rules be permitted to Mr. D.K. Garg, Advocate who has engaged by Ms. Zahira Habibullah Sheikh. Ms. Aparna Bhat, Advocate is discharged from her appearance for Ms. Zahira Habibullah Sheikh.
Advocates List
For the Petitioners Anil B. Diwan, Sr. Adv. with Ms. Aparna Bhat, Parmesh Kumar, Advocates. For the Respondent L. Nageswara Rao, Mukul Rohatgi, P.N. Lekhi, Sr. Advs. Dr. Kailash Chand, Nikhil Goel, Vijay Patel, Ms. Hemantika Wahi, D.K. Garg, B.S. Billowria, S.K. Bandhoyay, D.K. Gupta, Advocates.
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE ARIJIT PASAYAT
HON'BLE MR. JUSTICE H.K. SEMA
Eq Citation
(2005) 3 SCC 86
LQ/SC/2004/1381
HeadNote
Criminal Procedure Code, 1973 — S. 195 and S. 196 — Contempt of Court — False affidavits filed before Supreme Court — Notice issued to Zahira Habibullah Sheikh to respond to statements made in this behalf in the petitions and to state why contents of affidavits before Supreme Court are not to be treated as contrary to what is purported to have been stated in affidavit filed before Collector — Contradictory affidavits filed before Supreme Court and Collector — Contempt of Court — False affidavits filed before Supreme Court
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