Published on: 22 October 2022 at 21:18 IST
Court – Supreme Court of India
Citation – KD Sharma v/s SAIL (2008) 12 SCC 481
Hon’ble Supreme Court of India has held that the petitioners are required to disclose all material facts without any reservation even if they are against themselves. A litigant is not to “pick and choose” the facts he likes to disclose and to suppress (keep back) or not to disclose (conceal) other facts from the Hon’ble Court.
Para –38
The above principles have been accepted in our legal system also. As per settled law, the party who invokes the extraordinary jurisdiction of this Court under Article 32 or of a High Court under Article 226 of the Constitution is supposed to be truthful, frank and open. He must disclose all material facts without any reservation even if they are against him. He cannot be allowed to play “hide and seek” or to “pick and choose” the facts he likes to disclose and to suppress (keep back) or not to disclose (conceal) other facts.
The very basis of the writ jurisdiction rests in disclosure of true and complete (correct) facts. If material facts are suppressed or distorted, the very functioning of writ courts and exercise would become impossible. The petitioner must disclose all the facts having a bearing on the relief sought without any qualification. This is because “the court knows law but not facts”.
Drafted by – Abhijit Mishra
Key Words – Material Facts, Reservation, Disclosure/Suppression of Facts.