The case Bhagwan Singh vs. State of U.P. & Ors. (2024) involves fraudulent filing of Special Leave Petitions (SLPs) in the name of the appellant, Bhagwan Singh, without his consent or knowledge. The Supreme Court discovered that several advocates, including a notary, were involved in a conspiracy to misuse the legal system by forging documents and filing false proceedings to implicate the respondent, Ajay Katara, who was a key witness in the Nitish Katara murder case. The Court ordered an investigation by the Central Bureau of Investigation (CBI) due to the serious nature of the fraud and its potential to undermine the judicial process.

1. Preface:

• Fraud on Courts: The case begins with a commentary on how unscrupulous litigants misuse the judicial system through fraud, damaging the credibility of courts.

2. Background:

• Original Case: Ajay Katara, the respondent, was a key witness in the Nitish Katara murder case, where Vikas and Vishal Yadav were convicted. Subsequently, numerous false cases were filed against him, including the present one.
• The Dispute: Bhagwan Singh's name was falsely used in filing SLPs challenging orders from the Allahabad High Court, which had quashed proceedings against Ajay Katara.

3. Proceedings in Supreme Court:

• Fraudulent Filings: The SLP was filed without Bhagwan Singh's consent, and he became aware only when a notice was served to him. Upon inquiry, it was revealed that his signature on the Vakalatnama was forged, and the petition was filed by advocates without his instruction.
• Advocates' Role: The Court found that advocates Anubhav Yashwant Yadav, R.P.S. Yadav, and others, with the help of notary A.N. Singh, forged documents to file the SLPs.

4. High Court Proceedings:

• Recall Applications: Multiple recall applications were filed in the Allahabad High Court, again without Bhagwan Singh's knowledge. The applications were based on fabricated documents.

5. Supreme Court's Findings:

• Fraud and Misuse: The Court concluded that Bhagwan Singh had not met his daughter Rinki or son-in-law Sukhpal since 2013 and was unaware of the legal proceedings. The advocates conspired to forge documents and misuse the judicial process.

6. Investigation Ordered:

• CBI Investigation: Due to the serious nature of the fraud, the Supreme Court handed over the investigation to the CBI and directed an inquiry into all individuals involved.

Acts and Sections Discussed:

• Indian Penal Code (IPC):

  • Section 363: Kidnapping
  • Section 366: Kidnapping, abducting, or inducing a woman to compel her marriage
  • Section 376: Rape

• Criminal Procedure Code (CrPC):

  • Section 482: Inherent powers of the High Court

Ratio Decidendi:

The Court held that the filing of petitions based on forged documents and without the knowledge of the person in whose name they are filed constitutes a grave abuse of the judicial process. The Court emphasized the duty of advocates to uphold integrity and not assist in fraudulent activities. The Court further ordered an investigation into the fraudulent acts, recognizing the potential damage such actions could cause to public trust in the judiciary.

Subjects:

Fraudulent misuse of judicial processes to falsely implicate a witness in a high-profile murder case through forged legal documents.

• Fraudulent Legal Proceedings
• Witness Protection
• Advocate Misconduct
• CBI Investigation