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The Supreme Court on Tuesday sentenced one Henry Nikolas Fernandes to detention for one day and asked him to pay a fine of Rs. 2000 after it was revealed that he had submitted a forged Covid-19 positive report while seeking four weeks further to surrender before the local court.

The sentence lasted till the rising of the Court on Tuesday and the fine was directed to be submitted with the Registry during the course of the day. Against Fernandes' act, the top court had initiated suo moto contempt proceedings against him.

Fernandes had filed a Special Leave Petition before the top court challenging the orders passed by the Bombay High Court whereby the high court had negated his challenge against the order of the Court of Judicial Magistrate, Ist Class, 2nd Court at Thane canceling the order granting bail to the him.

The Supreme Court on March 8, 2022, dismissed the SLP filed by Fernandes, however, his counsel sought two weeks' time for Fernandes to surrender himself before the concerned Court.

Accordingly, a miscellaneous application was then preferred by Fernandes seeking relief that once he surrenders to the Judicial Magistrate, his application seeking bail may be considered on the same day or; he may be given four weeks further to surrender to the Judicial Magistrate, Thane.

Along with the application, a report of the Laboratory Test was also filed under the signatures of Dr. Bhalchandra R. and Dr. Supriya C. stating that Mr. Fernandes was detected to be Covid-19 positive.

However, the complainant in the instant case pointed out before the top court that the certificate was forged and fabricated, which prompted the Court to issue notices to the concerned Doctors under whose signatures the certificate was issued.

Thereafter, both the Doctors filed their affidavit, stating that they had never issued such a certificate to Mr. Fernandes and as a matter of fact the certificate bearing No.BRO25R270421053 was actually issued to one Ms. Rukhsana Yasin Dhuaru.

Accordingly, the top Court issued notice to Mr. Fernandes, as to why action in contempt be not initiated against him. Following the same, Fernandes filed a reply giving an apology and stating certain personal reasons for his action.

Noting that Fernandes knowingly placed a document which he was aware to be a forged and fabricated one, a bench of Justices UU Lalit, S Ravindra Bhat and PS Narsimha said,

"...a person who comes to the Court must come with clean hands and never make even an attempt to pollute the stream of justice by filing a document which he knows to be false or fabricated."

Therefore, holding Fernandes guilty of having committed contempt of Court, the top court directed him to also pay Rs 2000 which is to be deposited by the Registry in the account of Supreme Court Legal Services Committee.

"In case of default in payment of fine, Mr. Fernandes shall undergo a default sentence of three days", the bench further ordered.

Case Title: HENRY NIKOLAS FERNANDES vs. STATE OF MAHARASHTRA & ORS.