Advocates Facing Investigation as Court Orders Probe into Unauthorized Use of Petitioner's Identity
In a significant ruling, the Delhi High Court has addressed a serious issue concerning the unauthorized filing of writ petitions using forged documents and fabricated identities. The judgment, delivered by Justice Mini Pushkarna, highlighted a disturbing pattern of fraudulent legal filings, spearheaded by unscrupulous elements, which have misused the judicial process for ulterior motives.
The case, titled "Adity Shivcharan Rathod v. Municipal Corporation of Delhi," exposed the misuse of the petitioner's name and Aadhaar details by unknown individuals to file petitions without her consent. The court noted that the petitioner, Ms. Aditi Shivcharan Rathod, was unaware of the proceedings initiated in her name, and her identity was exploited to support claims over properties in Delhi using fake documents.
The judgment detailed how similar petitions were filed under different names, relying on a consistent set of fabricated documents, which includes General Power of Attorney, Agreement to Sell, and possession letters. The court observed that such actions constitute a fraud on the court and abuse of the judicial process, warranting immediate investigation and disciplinary action against the involved advocates.
Justice Pushkarna, while referring the matter to the Deputy Commissioner of Police (South-East) for a thorough investigation, emphasized the gravity of the situation. The police report confirmed the misuse of Ms. Rathod’s Aadhaar Card and the forgery of property documents. The report also identified the involvement of advocates Ms. Awanitika and Mr. Suraj Singh, who are now under scrutiny for their roles in facilitating these fraudulent filings.
The court has directed the Bar Council of India to investigate the professional misconduct of the advocates involved. The judgment references the Supreme Court’s decision in "Bhagwan Singh v. State of Uttar Pradesh," underscoring the critical role of legal professionals in maintaining the integrity of the judicial system. The judgment calls for stringent measures to ensure that the legal profession does not become an instrument for fraud.
Furthermore, the Municipal Corporation of Delhi was instructed to take action against unauthorized construction on the disputed property, with due consideration to existing orders from the Appellate Tribunal MCD. The case has been disposed of with directions for continued investigation and potential prosecution of those found responsible for the fraudulent activities.
This judgment serves as a reminder of the pivotal role of the judiciary in safeguarding the legal process from exploitation. It highlights the need for vigilance against fraudulent practices, ensuring that the courts remain a bastion of justice.
Bottom Line:
Filing of writ petitions using forged documents and unauthorized names constitutes fraud on the Court and abuse of the judicial process. Advocates involved in such misconduct are liable for investigation and disciplinary action by the Bar Council of India.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023
Adity Shivcharan Rathod v. Municipal Corporation of Delhi, (Delhi) : Law Finder Doc Id # 2822081
