The Supreme Court recently ordered an investigation by the police after it found that a court order presented as part of a petition appeared to be fake and fabricated.
In an order passed on September 26, a bench of Justices Abhay S Oka and Pankaj Mithal asked the concerned police station to submit a report in the matter within two months.
There were two lawyers who appeared to be involved in filing the petition. However, one of these lawyers, Prity Mishra failed to appear before the Court after notice was issued while advocate-on record Aftab Ali Khan was present.
In its order, the Court said that it is open to the investigating agency to examine the role allegedly played by the lawyer who did not appear.
“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 Court said.
The case will be taken up next on December 1.
The judges first became suspicious over whether there was a forgery of a court order in August, when they noticed two contradictory orders were annexed to a petition filed before the top court in a civil case.
Both orders were stated to be passed by the same bench on the same day and bore the same case number, indicating that it arose from the same case. However, one order was a dismissal order while second order indicated that the Court had allowed the plea.
The Supreme Court, therefore, asked the Judicial Registrar to conduct a probe and file a report on this aspect.
“If the Registrar(Judicial) finds that this is a case of fabrication of orders of this Court, it follows that the criminal law will have to be set in motion,” the Court had added in its August order.
After examining the Registrar’s report, the Court found that it was obvious that one of the attached orders was fabricated. Therefore, it directed the Registrar (Judicial Listing) to set the criminal law in motion by lodging a complaint with the jurisdictional police station.
“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 top court directed.