Supreme Court orders CBI probe after plea was filed without litigant's knowledge

The Supreme Court on Friday ordered the Central Bureau of Investigation (CBI) to probe the filing of a fake special leave petition in court without the consent of the petitioner, Bhagwan Singh. The court called it a "deceiving" practice.

In Short

• Fake petition filed without petitioner Bhagwan Singh's consent
• Supreme Court directed CBI to submit report within 2 months
• Called it fraud against people and the entire judicial system

The Supreme Court on Friday directed the Central Bureau of Investigation (CBI) to investigate the filing of a fraudulent special leave petition (SLP) submitted without the knowledge of the petitioner, Bhagwan Singh.

The probe was ordered after a petitioner had denied filing an appeal in a case and claimed that he had never hired any of the lawyers present in the court to file a case on his behalf.

A two-justice bench of Bela M Trivedi and Satish Chandra Sharma expressed concern over the attempt to deceive both the High Court and the Supreme Court, stating that the judicial system was put at risk by those responsible for forging and fabricating court documents.

"Considering the gravity and seriousness that the high court and the Supreme Court sought to be taken for a ride. The entire judicial system was sought to be put to stake by respondent nos 3, 4 and their concerned associates and advocates, who have been forging and fabricating the documents to be filed in the courts and to pursue false proceedings filed in the name of Bhagwan Singh, without his consent, knowledge and authority, we deem it appropriate to hand over investigation of the case to CBI," the court stated.

The court ordered the CBI to conduct a preliminary inquiry and register a regular case if necessary. "The CBI shall investigate all links leading to the commission of the alleged crime and submit a report to this court within two months," the judgment read.

FRAUD ON COURT

The judgment emphasised the seriousness of the offence, stating, "Wrongdoers must fear the law, and the victims must be confident they will receive justice." It noted that the case involved fraud not only against people but also against the judicial system.

The court warned that no court should be used as an instrument of fraud and that those responsible for filing false documents and proceedings would face punishment under the Bhartiya Nyaya Sanhita (BNS), 2023.

ADVOCATES' RESPONSIBILITIES

The bench clarified that Advocates-on-Record must ensure that only authorised lawyers appear and argue cases. They emphasised that any changes in representation should be communicated to the court promptly.

The judgment also highlighted that advocates, as officers of the court, are expected to act responsibly and in line with professional ethics. "No legal professional is immune from being prosecuted for criminal deeds," the court stated.

"The matter assumes serious concern when the Advocates who are the officers of the Court are involved and when they actively participate in the ill-motivated litigations of the unscrupulous litigants, and assist them in misusing and abusing the process of law to achieve their ulterior purposes," the court noted.

NOTARY MISCONDUCT

The court warned that any acts of omission by a notary would be considered misconduct, making the person unfit for the role.

The court ordered a copy of the judgment to be forwarded to the Bar Council of India and the Government of India for further action. The case arose when the petitioner, Bhagwan Singh, claimed he had no knowledge of the advocates who filed the SLP on his behalf.