Truthful in mosque,not in court: HC calls it sin

“For those who believe in God,God is omnipresent in whatever form and it is the inevitable truth. Thus,for the believers of God,He is present in every form,all pervasive and ubiquitous — in the mosque as well as in court and more importantly in our hearts,” said Justice Kailash Gambhir.

The judge noted that courts are often referred to as “temples of justice” and asked “how one can be untruthful before the temple of justice,and be truthful at the place of worship,” said Justice Gambhir.

Shamim and his brother have been embroiled in a dispute,which was resolved with the latter agreeing to pay Rs 5 lakh in settlement. While the brother claimed that he had made a payment of Rs 1 lakh in March this year,Shamim refused to acknowledge the receipt and moved the court. In the court,both the brothers stuck to their claims and swore by the Quran.

Perplexed,the court by an unusual order on May 21 sent both of them to a nearby mosque to record their statements. A senior advocate and a Delhi Police DCP were appointed as court commissioners. While his brother reiterated about the compromise and having given Rs 1 lakh,Shamim took a U-turn and agreed in the mosque that he had received the money.

But once back in court,Shamim went back on his statement again and said no compromise was reached between him and his brother.

Incensed by his lies,the court issued to him a show-cause notice for contempt of court. Even though Shamim tendered an apology,the judge refused to let his act go unpunished,wondering how a litigant could lie in the court after swearing in the name of the God and speak otherwise in a place of worship.

“What is lamentable and pricks the conscience of this court is that the decree holder (Shamim) differentiated between the court and the mosque as if God is present only in the mosque and not in the courts,” said Justice Gambhir.

“The decree holder while swearing in the name of God in the courtroom not once but twice spoke untruth. But while in mosque he spoke the truth,which has not only perverted the course of justice but also questioned the sanctity of the oath administered in the court. The importance of the virtue of truthfulness is intrinsic in all religions and there can be no religion or scripture that does not tell us to speak the truth at all times,” said the court,putting the matter in July for pronouncing the punishment against Shamim.