Court Directs Legal Action Against Shiv Shankar Pal and Gram Panchayat Officials for Manipulating Date of Birth Records
In a significant ruling, the Allahabad High Court has directed the registration of an FIR against Shiv Shankar Pal and officials of the Gram Panchayat, Prayagraj, for fabricating documents related to the petitioner's date of birth. The Division Bench, comprising Justices Atul Sreedharan and Anish Kumar Gupta, delivered the judgment in response to a writ petition filed by Shiv Shankar Pal seeking a change in his date of birth on his passport from 11th July 1994 to 11th July 2005.
The petitioner, Shiv Shankar Pal, initially applied for a passport with documents showing his date of birth as 11th July 1994, as per his High School certificate and Aadhaar card. However, he later presented a manipulated Aadhaar card and a birth certificate from the Gram Panchayat, Prayagraj, indicating a date of birth of 11th July 2005, which prompted the court to investigate further.
The court highlighted the discrepancies in the documents presented, noting that accepting the petitioner's claim would imply that he appeared for his High School examination at the age of six, which is implausible. The judgment emphasized the extent of document fabrication and attributed it to widespread corruption, necessitating stringent legal intervention to curb such practices.
In its order, the court instructed the Commissioner of Prayagraj to register a First Information Report (FIR) against the petitioner and the concerned officials of the Gram Panchayat under relevant sections of the Bharatiya Nyaya Sanhita, 2023, which pertains to cheating and forgery. The court also set a date for compliance confirmation, warning of further action against the Commissioner of Police, Prayagraj, should the directive not be executed.
The decision underscores the judiciary's commitment to maintaining the integrity of official records and cracking down on document manipulation and related corrupt practices.
Bottom Line:
Fabrication of documents, including manipulation of birth certificate and Aadhaar card, reflects lack of bona fides by the petitioner, warranting criminal investigation.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023, Indian Penal Code, 1860 (pertaining to Cheating and Forgery), Civil Procedure - Passport Authority
Shiv Shankar Pal v. Union of India, (Allahabad)(DB) : Law Finder Doc Id # 2835377
