'Not A Country With No Rule Of Law': Gujarat High Court Says After 'Whistleblower' In Municipality Refuses To Testify Claiming Risk To Life

In a matter where an alleged whistleblower in a municipal corporation had purportedly supplied a "forged" document used in a tender but refused to come forward alleging threat to life, the Gujarat High Court on Monday (October 6) orally said that India is not a country with no rule of law. The matter pertains to a contract awarded by Vadodara Municipal Corporation to the respondent entity, which was questioned by the petitioner. The petitioner had referred to two documents (on pages 99 and 100) pertaining to insolvency certificates issued by the Saraswat Co-operative Bank Ltd. to the respondent entity, and submitted that one of the document's dated 12.02.2024 (at page 100), is forged.Subsequently the Corporation filed an an affidavit clarifying that the respondent entity as a bidder had uploaded a solvency certificate (appended at page 99 of the petition). It was also submitted that the solvency certificate appended at page No.100 of the petition has not come on the record of the Corporation. When the court asked the petitioner's counsel as to where did the petitioner procure the certificate at page No.100, the counsel had stated that the "petitioner had received the same from an officer of the Corporation".The high court had then directed the petitioner "to file an additional affidavit pointing out the manner and method in which, he had procured the certificate appended at page No.100". It had further directed that the affidavit shall disclose the name of the officer or any other person who provided such certificate to the petitioner, failing which, the "Court would be constrained to pass an adverse order against the petitioner".During the hearing today the bench of Justice AS Supehia and Justice LS Pirzada was informed that there was an affidavit filed by a person stating that he is an "officer of municipal corporation, he is a whistle blower, he is scared for his life and therefore he is not willing to come forward". The court thereafter remarked, "Then we will not accept...We cannot endorse the document. We don't know the authenticity and from where you have procured then how can we rely on this document?".The petitioner's counsel argued that the person in question is working in the Corporation and "he will not want it to come forward". To this the court orally remarked,"We are not in a country where there is no rule of law". The petitioner's counsel however said that "not every whistle blower is courageous enough to come forward" adding that if the person in question comes forward then he will be definitely targeted thereafter. The court thereafter said: "So you mean corporation is threatening its own employee?...so why should we rely on the document? So we will impose cost on you (petitioner)...The document is produced on record. The corporation has doubted it. You are relying on some unknown person's assertion that this is the document which is annexed. And you don't want to reveal under which authority you have procured the document. Because of this we had entertained the petition. Now you want to resile...".As the petitioner's counsel sought to withdraw the plea, the court permitted the same.Case title: M/S HONEY FUN N THRILLS CO. THROUGH ITS PROPRIETOR V/S STATE OF GUJARAT & ORS.R/SCA/9998/2025Citation : 2025 LiveLaw (Guj) 160Click Here To Read/Download Order

'Not A Country With No Rule Of Law': Gujarat High Court Says After 'Whistleblower' In Municipality Refuses To Testify Claiming Risk To Life

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