The Bench also directed that if the registrar finds that this was a case of fabrication of Orders of the Court, it follows that criminal law would have to be set in motion.
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RECENTLY, the Supreme Court directed its registrar to lodge a complaint in the jurisdictional police station after it noticed that a fabricated Order of the top court was sent to the parties by the advocate.
A Bench comprising Justices Abhay S. Oka and Pankaj Mithal passed an Order to this effect.
There were two Orders dated July 25, 2022, passed by the same Bench which comprised Justices Indira Banerjee and V. Ramasubramanian in the same special leave petition (SLP). The first Order was of dismissal and the second Order was of allowing the SLP.
As a matter of fact, the Bench had dismissed the SLP.
Consequently, the Bench directed the registrar (judicial listing) to hold an inquiry into this aspect and submit a report to the court by September 20, 2023.
The Bench also directed that if the registrar finds that this was a case of fabrication of Orders of the Court, it follows that criminal law would have to be set in motion.
The matter was listed on September 26 with the report from the registrar (judicial listing).
From the report, the Bench found that the document purporting to be a copy of the Order of the court which was marked by Annexure-III was a fabricated document.
“The registrar (judicial listing) must set the criminal law in motion by lodging a complaint with the jurisdictional police station. Though notice was issued to Ms Prity Mishra, advocate for examining her role, she has chosen not to appear before this court today. It is for the investigating agency to examine the role allegedly played by her,” the Bench ordered.
The Bench further directed that the registrar (judicial listing), while lodging a complaint, would also submit a copy of its Order along with the annexures referred to in his report.
“The officer in-charge of the concerned police station shall submit a report about the investigation carried out to this court within a period of two months from today,” the Bench directed.
Lokesh Mohan Agarwal, petitioner no. 2, had sent two similar complaint letters dated December 7, 2022, by post, and two similar letters had also been received by the Supreme Court from the department of justice, Ministry of Law and Justice.
In his complaint, Agarwal alleged that his counsel sent a copy of a fake Order from the Supreme Court dated July 25, 2022.
