MINISTRY OF DEFENCE ANSWERABLE ON THE ALLEGATIONS OF PERJURY MADE BY A RENOWNED BUILDER IN HIS APPLICATION BEFORE BOMBAY HIGH COURT

MUMBAI | 8TH MAY, 2018
In a Writ Petition filed by the Union of India, Haresh Milani, a renowned
builder of Pune, has filed an Application under Section 340 of Criminal
Procedure Code on the grounds that the Defence Ministry has made several
false statements on oath. Will the Defence Ministry and its Officers face
charges of perjury?

APPLICATION UNDER SECTION 340 OF CR.P.C. SHOULD BE
DECIDED FIRST: Bombay High Court made it clear that the Writ
Petition filed by Union of India (UOI) should not be heard till inquiry under
section 340 of Cr.P.C. as the Applicant builder has sought prosecution
against the officers of UOI alleging the offences of perjury i.e making false
statement on oath before a Court.
Facts and Background of the case: The matter pertains to the dispute
between a builder Haresh Milani and the Defence Ministry. The land in
dispute is located at Viman Nagar, Pune and is worth some 1000 Crores.
The claim of the Defence Estate Officer is that the disputed land was
acquired by Defence and therefore, they are the owners. A Suit was
registered in Pune by the builder wherein, the Collector was summoned to
produce the records of the disputed land. The Collector submitted a report
in Court which made it unambiguously clear that the land was never
acquired by the Defence and therefore the claim made by the Defence
Ministry collapsed and their falsity and malafide intentions came to surface
before the court. The Petition challenging the order of enquiry passed by
the District Court, Pune was filed by Union of India before High Court and
then before Supreme Court which was dismissed on merits.
Thereafter, an amendment in the Suit before District Court, Pune was
sought by the builder for declaring him as the owner of the disputed land
which was allowed by the Court. The order allowing the amendment is
challenged by Union of India in Writ Petition filed before Bombay High

Court. In the said Writ, the Defence has again taken the duly falsified stand
that the land has been acquired by them. Therefore, Mr. Milani has filed an
application under section 340 of Cr.P.C. and prayed that the said
Application alleging the offences of perjury should be decided first.
Adv. Nilesh Ojha appearing for Mr. Milani argued that a case i.e.
Writ, Suit or any litigation which is based on false statements and false
affidavit, the allegations of falsity should be enquired before the case is
decided on merits as any person approaching the Court with unclean hands should not be heard on merits and should be thrown out at any stage of
litigation. Adv. Ojha relied upon various Supreme Court judgments and
also on the latest judgment by Bombay High Court which held that when as
application under section 340 oF Cr.P.C. is preferred it should be heard
first in point of time.

After detailed arguments by both sides, Bombay High Court (Coram:
Justice Smt. Shalini P. Joshi) held that the Application under section 340 of
Cr.P.C. filed by Mr. Milani will be heard before hearing the Writ Petition
filed by officers of UOI on merits. The matter is now adjourned to 20.06.2018. The question which now bothers the nation is that the UOI may face enquiry on charges of perjury which if proved, will shatter the faith of the common masses from the functioning of the Defence Ministry which in turn holds the highest responsibility of protecting the nation.