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Supreme Court of India 2018-09-05 allowed

R.S. Sehrawat vs Rajeev Malhotra & Ors

Bench: 2 — A.M. Khanwilkar

In Brief

A Junior Engineer in Delhi's Municipal Corporation was convicted of contempt for filing a false affidavit denying unauthorized construction at Sainik Farms. The Supreme Court allowed his appeal, holding that contempt proceedings require proof beyond reasonable doubt with full procedural safeguards. The Court found the High Court erred by: (i) not framing or serving specific charges; (ii) relying on a report prepared six months after alleged demolition without examining contemporaneous official records, photographs, and press reports supporting the appellant's claims; and (iii) ignoring that unauthorized structures were reconstructed after the appellant's transfer. A departmental enquiry had exonerated the appellant on identical charges."

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Contempt of Courts Affidavits Evidence Criminal Procedure Administrative Law

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