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Bhagwan Singh vs State of U.P. & Ors.

Not available · 2024 INSC 708Decided 20 Sept 2024
Not available
Justice Bela M. Trivedi · Justice Satish Chandra Sharma

Background

Two criminal appeals were purportedly filed before the Supreme Court in the name of "Bhagwan Singh," challenging an Allahabad High Court order. When notice of the case was served, the real Bhagwan Singh appeared in Court and stated he had never authorised or signed any of the papers, and did not know the advocates who had filed the case in his name. Investigation by the Court revealed that Bhagwan Singh's son-in-law, Sukhpal Singh (married to his estranged daughter Rinki, whom Bhagwan Singh had been estranged from since her elopement in 2013), had supplied a Vakalatnama bearing a signature purporting to be Bhagwan Singh's, which was then notarised by a Notary without Bhagwan Singh actually being present, and used by lawyers to file the appeals.

Decision Breakdown

The Supreme Court conducted a detailed inquiry over several hearings, summoning the concerned advocates, the Notary, and the family members involved. It found this to be a clear case of fraud practised on the Court: a Vakalatnama and appeal papers filed in a person's name without his knowledge or consent, notarised improperly. The Court strongly condemned such misuse of the judicial process, held that courts cannot allow themselves to be used as instruments of fraud, and directed that the matter be handed over to the CBI for investigation and appropriate criminal action against those responsible. It also issued administrative directions on verifying advocates' appearances to prevent similar misuse in future.

Lesson Learnt

Filing court papers or a Vakalatnama in someone's name without their knowledge or genuine consent is a serious fraud on the justice system, not a mere procedural irregularity. Courts will investigate such fraud and refer it for criminal prosecution, and litigants should be alert to the risk of family members or unscrupulous agents misusing their identity in legal proceedings.

Official source (sci.gov.in)View Judgment (PDF)

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