Counsel is not supposed to make an enquiry About truthfulness
No complaint was lodged against the prosecutrix for filing a false affidavitwhereas the petitioners were sought to be proceeded against for advising her to state her age falsely. If a person comes to swear an affidavit and wants to mention a particular fact the Counsel is not supposed to hold an enquiry regarding that fact and only thereafter help him swear an affidavit as the primary responsibility always remains upon the person who swear an affidavit. The learned ASJ totally ignored and overlooked what the prosecutrix had done.
Delhi High Court
New Delhi Bar Association (Regd.) ... vs National Capital Territory Of ... on 16 July, 2003
Equivalent citations: 2003 VIAD Delhi 294, 107 (2003) DLT 761
Bench: R Chopra
