Case Law Details
Ram Prasad Rajouriya Vs State of U.P. and others (Allahabad High Court)
one of the two cherished basic values by Indian society for centuries is “satya” (truth) and the same has been put under the carpet by the petitioner. Truth constituted an integral part of the justice-delivery system in the pre-Independence era, however, post-Independence period has seen drastic changes in our value system. The materialism has overshadowed the old ethos and the quest for personal gain has become so intense that those involved in litigation do not hesitate to take shelter of falsehood, misrepresentation and suppression of facts in the court proceedings. In the last 40 years, the values have gone down and now a litigants can go to any extent to mislead the court. They have no respect for the truth. The principle has been evolved to meet the challenge posed by this new breed of litigants. Now it is well settled that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final. Suppression of material facts from the court of law, is actually playing fraud with the court. The maxim supressio veri, expression faisi, i.e. suppression of the truth is equivalent to the expression of falsehood, gets attracted.
In view of the aforesaid authoritative pronouncements of law on the issue of concealment of facts by a litigant, if we allow the petitioner to withdraw the present petition even then we feel that he deserves to be burdened with cost.
The petition is, accordingly, dismissed with cost of ₹50,000/-. The cost shall be deposited with the Allahabad High Court Bar Association within a period of two months. In case of failure, the Bar Association shall be at liberty to move application in the present petition for recovery of the amount from the petitioner.
FULL TEXT OF THE JUDGMENT/ORDER OF ALLAHABAD HIGH COURT
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