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1994 DIGILAW 177 (SC)

Dhananjay Sharma v. State of Haryana

1994-02-01

A.S.ANAND, FAIZAN UDDIN

body1994
JUDGMENT : 1. After the statements of Shri Dhananjay Sharma and Shri Sushil Kumar were recorded in this Court, they have also filed their affidavits. The position that emerges now is that we have two versions, diametrically opposite to each other. According to the petition, the affidavit filed in support thereof, the affidavit of Shri Puri-Advocate, the statement of Shri Dhananjay Sharma recorded in this Court and the subsequent affidavit filed by him, the party of Shri Sharma was way laid on 15.1.1994 by Haryana Police on the Hissar-Delhi Road and while Shri Puri was allowed to go, Shri Sharma alongwith the taxi driver and the taxi taken to the Hissar Police Station and later on Shri Sharma along with the Taxi Driver were kept in a residential police quarter till they were let off. It is their case that they were surrounding by about six Gypsies of Haryana Police and whisked away. According to the statement of Shri Sharma, two employees of Bhanu Iron and Steel Company Limited were present along with the police party, when they were way laid. 2. According to the affidavits filed by the police officials, respondent No. 3 and 4 and the statement of Shri Sushil Kumar, taxi driver, and his subsequent affidavit in Court, no such incident, as is alleged in the petition or by Shri Sharma or Shri Puri, Advocate, took place and that the Taxi Driver Shri Dhananjay Sharma alongwith the Advocate came back to Delhi the same evening in the same taxi and the driver dropped them at Old Delhi. The two versions cannot be reconciled and it is apparent that one of the other version is a false version. Under the debris of falsehood, truth lies buried somewhere. It is a matter of concern that in the highest court of the land, false version by way of an affidavit or statement are being made, It is a serious matter. The evil of perjury has to be eradicated and the guilty brought to book. However, before we proceed further in the matter, we consider it appropriate to grant time to respondent Nos. 6 and 7, who have put in their appearance through Mr. Ashok Desai and Mr. K. Parasaran, learned Senior counsels respectively, to file an affidavit if they may so choose with regard to the matter in controversy. They are not present today in court. 6 and 7, who have put in their appearance through Mr. Ashok Desai and Mr. K. Parasaran, learned Senior counsels respectively, to file an affidavit if they may so choose with regard to the matter in controversy. They are not present today in court. They shall appear in persons along with the respondent Nos. 3 to 5 on the next date. Shri Dhananjay Sharma and Shri Sushil Kumar, taxi driver shall also remain present in Court on the next date of hearing. 3. The case shall come up on 21.2.1994 for further proceedings. The affidavits, if any, of respondent Nos. 6 and 7 shall he filed within two weeks. Post on 21.2.1994.