Sunday, December 10, 2023

Supreme Court orders criminal inquiry after fake Apex Court order cited in petition

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The Supreme Court has ordered criminal investigation into a petition, after finding out that the Apex Court verdict cited in the plea was a fake one.

The Bench of Justice Abhay S Oka and Justice Pankaj Mithal were recently hearing a Special Leave Petition (SLP), wherein Annexures A and B contained two orders of the Court dated July 25, 2022, passed by the same Bench.

While the first order was of dismissal, the second order was of allowing the SLP. The Apex Court then directed the Registrar (Judicial) to hold an inquiry into this aspect and submit a report to the Court.

After perusing the documents and examining the report submitted by the Registrar, the top court of the country held that it was clear that the Supreme Court order marked as one of the annexures in the SLP had been fabricated.

The Bench further recorded that the concerned advocate did not appear, though a notice was issued.

The Apex Court directed a criminal probe into the incident, stating that it was for the investigating agency to examine the role allegedly played by the advocate.

The Bench observed that it was obvious from the report (of the Registrar) that the document purporting to be a copy of the order of this Court marked by Annexure-III in the report was a ‘fabricated document’.

It then directed the Registrar (Judicial Listing) to set the criminal law in motion by lodging a complaint with the jurisdictional police station.

The Registrar was further told to submit a copy of this order along with the annexures referred to in his report, while lodging a complaint.

The Apex Court further directed the Officer in-charge of the concerned Police Station to submit a report about the investigation, within a period of two months from the date of order.

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