LEX PUNIT NOT RESPICIT BY- Sushma Gowda

Literal meaning:-The Law punishes falsehood

Origin:- Lex means Law, Punit means Punishes, not, Respicit means Respect/regards. It is a miserable slavery where the law is vague or uncertain. The law punishes falsehood. Human laws are born, live and die. It is a perpetual law that no human or positive law can be perpetual.

Explanation:- Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Illustration:- Whoever corruptly uses or attempts to use as true or genuine which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.

Case Reference:- In the light of the above objections made by the Government of India, the State Government issued notification. In view of the benefits extended as per 23rd January 1986, objection made by Government of India as per 10th June 1986 and 17th December 1993, many authorities including public sector undertakings were facing difficulties in taking action against the persons who have made false caste certificates. In order to overcome this and also in order to comply with the judgment of the Hon’ble Supreme Court in MAHARASHTRA v. MILIND in Civil Appeal No.2294 of 1986 dated 28th November 2000, wherein it has been held that in the facts and circumstances of the case, no action shall be taken against the persons, who have obtained caste certificates contrary to Government Orders dated 17th December 1993 and 10th June 1996 and further directed to treat the persons who have been appointed, as if they had been appointed on general category. In this background, the Government of Karnataka issued Order No.SWD 713 SAD 93 dated 11th March 2002. The said order is required to be understood in the light of the discussion made above. This Government order was never issued to acquit all the persons who have committed a crime by obtaining false caste certificates. The said Government order is also with regard to Pariwara, Talwara, Maaleru, Kuruba communities and Besta and Koli communities would accordingly cease. This was confused with regard to the issue of a certificate to any caste of a scheduled tribe or backward class, but some of the backward class candidates have obtained a certificate as Scheduled Tribes and in order to resolve the dispute, the said government order was issued and the preamble of the said order

The petitioners who claim that they are not persons belonging to scheduled tribes and they have been colluded with “Nemmadi Kendra” which is not a department of Government, nor has any competence to issue caste certificate as referred above and also under 1950 government order, but as already stated earlier, they generated caste certificates holding that the petitioners belong to scheduled tribe community in order to make false claim. Hence, the action is also to be taken against the said “Nemmadi Kendra”. The judgment referred to by the learned counsel for the petitioner in Criminal Petition No.8999 of 2009 disposed of on 14th July 2009 and the judgment in Criminal Petition No.7739 of 2009 disposed of on 14th October 2009 is not applicable in the facts and circumstances of this case. It is believed that failure on the part of the Government in not representing the case properly has resulted in these orders. With these observations, the petition stands disposed of. Further, it is also observed that any person, by obtaining false caste certificate has obtained appointment either in the State or the Central Government, and if it is found that the person has made false gains based on the false certificate, then the said person has to be prosecuted for the above offence. It is necessary to refer to the legal maxim lex Punit mendacity, that means law punishes falsehood.