Supreme Court Orders CBI Probe in Fraudulent Litigation Case: False SLP Filed in Petitioner’s Name
The case of Bhagwan Singh vs. State of Uttar Pradesh & Ors. is a landmark ruling exposing a fraudulent attempt to misuse the judicial system by filing a false Special Leave Petition (SLP) in the name of a petitioner without his knowledge. The Supreme Court ordered a CBI investigation to identify all individuals involved in fabricating and misusing court processes, setting a strong precedent against judicial fraud.
This judgment highlights the importance of upholding the sanctity of court proceedings and ensuring that the legal system is not exploited by unscrupulous litigants and lawyers.
Background of the Case
The appellant, Bhagwan Singh, was named as the petitioner in an SLP filed before the Supreme Court, challenging an order of the Allahabad High Court dated December 16, 2019. However, when served notice by the police, Bhagwan Singh denied filing any petition and stated that he had no knowledge of the case.
Key facts:
- The alleged SLP was filed using a forged vakalatnama (power of attorney) with a fabricated signature of Bhagwan Singh.
- Advocates involved in the case falsely identified and notarized the documents without Bhagwan Singh’s presence.
- The fraudulent litigation was traced back to the petitioner’s son-in-law, Sukhpal Singh, and daughter, Rinki, who misused the judicial process to target Ajay Katara (Respondent No. 2), a key witness in the famous Nitish Katara murder case.
- The Supreme Court ordered an immediate CBI investigation to uncover the individuals responsible for the fraud.
Legal Arguments
Arguments by the Appellant (Bhagwan Singh)
- He had never signed any vakalatnama or authorized anyone to file an SLP on his behalf.
- He had not met his daughter and son-in-law since 2013, nor had he communicated with them.
- Upon receiving a police notice about the case, he immediately filed a complaint with the Supreme Court Registry.
- The signatures and documents presented in the SLP were forged and created without his consent.
Arguments by the Respondents (State of Uttar Pradesh & Ajay Katara)
- Ajay Katara, the respondent, stated that he was being falsely implicated in multiple cases as retaliation for his testimony in the Nitish Katara murder case.
- He had been cleared in 35 out of 37 cases filed against him since testifying in the murder case.
- There was a clear pattern of misuse of judicial processes to harass and intimidate him.
- The case involved forged legal documents and fraudulent notarization, requiring a deeper investigation.
Supreme Court’s Observations
The Supreme Court analyzed the fraudulent activities and the role of legal professionals in misusing the judicial system.
1. Was the SLP Filed Fraudulently?
The Court found overwhelming evidence that the SLP was filed using forged signatures and documents.
“No court can allow itself to be used as an instrument of fraud, and no court can allow its eyes to be closed to the fact that it is being used as an instrument of fraud.”
2. Were Legal Professionals Involved in the Fraud?
The Court found that multiple lawyers, including Advocates-on-Record and Notaries, had knowingly facilitated the fraud.
- Advocates falsely identified and notarized Bhagwan Singh’s signature without him being present.
- Vakalatnamas were forged and submitted to the Supreme Court.
- The legal documents were prepared in coordination with Sukhpal Singh and Rinki, who orchestrated the fraudulent case.
3. Should the Matter Be Investigated?
The Supreme Court ordered a CBI investigation into the fraudulent litigation.
“When the justice delivery system is sought to be put to stake, the courts must act with urgency to protect the integrity of legal proceedings.”
Final Verdict
The Supreme Court issued the following orders:
- The fraudulent SLP was quashed, and the case was dismissed.
- A CBI investigation was ordered to identify and prosecute all individuals involved in the fraud.
- The Bar Council of India was directed to take disciplinary action against the lawyers involved.
- Stringent measures were recommended to prevent similar fraudulent cases in the future.
The ruling reinforces the Supreme Court’s commitment to protecting the integrity of legal proceedings and ensuring that courts are not misused for personal vendettas.
Petitioner Name: Bhagwan Singh.Respondent Name: State of Uttar Pradesh & Ors..Judgment By: Justice Bela M. Trivedi, Justice Satish Chandra Sharma.Place Of Incident: Budaun, Uttar Pradesh.Judgment Date: 20-09-2024.
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