Supreme court : procedure to file petition for perjury

For perjury you need to file a complaint before the Supreme Court Judge, stating all the facts.For acting as next friend, you have to follow the Supreme Court Rules Order IX that deals with Proceedings by or against Minors or Persons of Unsound Mind.

What will be the type of petition and what will be the jurisdiction? 
 

Would it be original jurisdiction ? Would it be writ petition? Are there specific sections of Supreme Court Rules that I need to refer to ?

Manoj Oswal

 

A Writ is a formal written order issued by a Court.

A Writ Petition can be filed in the High Court (Article 226) or the Supreme Court (Article 32) of India when any of your fundamental right is violated.

The jurisdiction with the High Courts (Article 226) with regards to a writ petition is wider and extends to constitutional rights too.

There are five types of writs namely, quo warranto, habeas corpus, mandamus, prohibition and certiorari.

A writ of Habeas Corpus is used by the Courts to see if a person has been illegally detained. If yes, the court can order for his release. If a person has been illegally detained, he himself, a friend or even a relative can file a writ of Habeas Corpus.

Habeas Corpus means ‘Let us have the body’ (let us see the person who has been illegally detained).

A writ of Mandamus is issued by a Higher Court to a Lower Court, Tribunal or a Public Authority to perform an Act which such a Lower Court etc. is bound to perform. If a public official or a babu isn’t performing his duty the Court can order him to do that.

Mandamus means ‘We command’; (we command you to do this)

A writ of Prohibition, also known as a ‘stay order’ is issued to a Lower Court or a body to stop acting beyond its powers.

Through a writ of Certiorari is issued by the Supreme Court to a Lower Court or any other body to transfer the matter to itself.

The writ of Quo Warranto is issued to prevent a person from acting in a government office when he is not entitled

What format is for complaint of perjury? 

IN THE COURT OF SH. ----------------, 
 
 IN RE HMA No.
 …. PETITIONER
 
 VERSUS
 
 …. RESPONDENT
 
 APPLICATION UNDER SECTION 340 Cr.P.C. READ WITH SECTION 193, 200 and 209 OF IPC
 ON BEHALF OF PETITONER AGAINST THE RESPONDENT
 
 
 MOST RESPECTFULLY SHOWETH
 
 
 1. That the above matter is pending petitions consideration before this Hon'ble Court. The respondent ----------------------has filed a rejoinder on the day of previous hearing that was 11th Oct. 2007 of the application U/s 24 of Hindu Marriage Act, 1955 through which she has mentioned that she has not been employed and has no regular source
 of income.
 2. That this statement is false and willfully wrongly given by the applicant with a view to get favourable decision from this hon'ble Court. The husband submits herewith a copy of the printout (attached as annexure P-1) from the
 official ---------------------- which is an autonomous organization under the Ministry of Human Resource Development, Govt. of India) which depicts that she is the class teacher of class IVth A of the said school. As per the staff list available on the website her name has been mentioned along with her designation as PRT (which stands for Primary Teacher), her date of birth as 16-03-1983, her date of joining the present KV as 17-09-2007 and her date of joining the present post as 13-09-2007.
 3. The above said appointment was made on the basis of the advertisement published in the Employment News dated 30th September – 6th October 2006, written examination held in the month of February 2007 and the interview held from 31-7-2007 to 6-8-2007.
 4. That the respondent has filed rejoinder to the reply of the husband wherein  she has stated – (a) In Para C as under:- "The petitioner has no regular source of income and she has to spend a lot of money on her studies and her maintenance and rent for her accommodation as she has been living separately and as such ….."
 (b) In rejoinder to reply on merits Para 4 as under:- " It is submitted that the petitioner is living separately and from her parents and ------------------------------ since July 2007 and …."
5. The aforesaid averments of-------------------- is willfully false statement and a travesty of facts. The recruitment, her selection and joining the duties with --------------------- was known to her at the time of filing the rejoinder
 i.e. on ------- which reflects her unclean hands approach thus committing fraud. As she was employed regularly from 13.09.2007 at ----------- the question of her living ------------------------------ does not arise. This is, therefore, a false statement.
 6. Thus this rejoinder has been filed to get a favourable decision by filing a false plea thus giving false evidence. The applicant has therefore sinned by her moving the process of court with most unclean hands.
 
 
 PRAYER
 It is therefore, most respectfully, prayed as under:-
 (a) That the proceedings under section 195 of CrPC may be started against the respondent in the interest of justice.
 (b) That the respondent may be tried by appropriate court for the offence punishable U/S 193, 200 and 209 of IPC.
 (c) Her rejoinder may be declared to be false and no action may be taken on her application under U/S 24 of HMA for grant of maintenance from petitioner and it may be dismissed.
 (d) Any other relief which this honorable court deems fit may also be granted in favour of the petitioner .
 
 Dated-
 Petitioner
 Through
 
 Counsel

Supreme Court is an English Court and always Original Side and is being regulated by the Supreme Court Rules. Competence for filing any petition in the Supreme Court rests upon Advocate-on-Record of the Supreme Court, Counsels are to plead only. So, you shall have to appoint an Advocate-on-record first  for drafting Special Leave petition and to file the same in the Court and to get it listed.

Thanks for your advice. SLP is usually against an order of the High Court. here the situation is that certain petition was withdrawn without the consent of the petitioner by fraud. 

I am planning to file this party-in-person. I am trying to know what would be the form of petition/application? SLP / Writ / Application ?

Competence for filing any petition has been given to Advocate-on-Record of the Supreme Court only. If you are not a registered Advocate-on-Record you cannot file the petition. Counsels can plead only.

In my opinion instead of depending on online solutions for practical issues, better consult a lawyer practising in supreme court and take his advise on all such and further issues.

As a veteran practitioner of Supreme Court of India I already advised the author to contact an Advocate-on-Record of the Supreme Court  who is empowered by the Supreme Court Rules to act in the case .

I am afraid Advocate Roy is wrong, any petitioner is at liberty to file the petition in Supreme Court or any court of law as a party in person.