Supreme Court Orders Appearance Of Lawyer After Litigant Appears And Denies Engaging AoR To File SLP In Rape Case

A peculiar turn of events transpired before the Supreme Court this week in the case of Bhagwan Singh vs. State of Uttar Pradesh and Anr., when the litigant, Bhagwan Singh, appeared in person to assert that he did not know any of the lawyers who purportedly represented him.

The saga began over a month after the Court had issued notice to the State of Uttar Pradesh and another respondent regarding an appeal filed in Singh's name against a 2019 Allahabad High Court order that quashed criminal proceedings related to the rape and kidnapping of a minor. Pertinently, Singh was the person who had lodged a first information report (FIR) on June 28, 2013 with the allegations that his daughter/victim, aged about 12 years, went to attend a call of nature, where from there she was enticed away, and after terrorising her, she was kidnapped. Last month, on July 9, Singh had submitted a letter to the Supreme Court Registry, claiming he had not filed any such case.

During the hearing on July 30, Singh also attended the hearing with his Counsels, Nikhil Majithia and AoR Rishi Kumar Singh Gautam. However, the appeal had been filed through AoR Anubhav, who had signed the Vakalatnama, verifying Singh as the petitioner.

The matter being heard by the Bench of Justice Bela M. Trivedi and Justice Satish Chandra Sharma. 

Advocate RPS Yadav appeared for the petitioner, and informed the Bench that he had instructions to appear on behalf of Anubhav as he was not present in Court. 

"List the matter tomorrow i.e. on 31st July, 2024. Let Mr. Anubhav, learned Advocate on Record remain present in the Court tomorrow. Mr. R.P.S. Yadav, learned counsel is requested to inform Mr.Anubhav, AOR to remain present in the Court tomorrow. Let Mr. Bhagwan Singh, petitioner also remain present tomorrow," the Bench had ordered on July 30. 

When the hearing of the case resumed on July 31, the confusion surrounding the filing was clarified. Advocate Anubhav admitted he had mistakenly identified and verified Singh's signature, explaining that he received the Vakalatnama with Singh's signature from Advocate RPS Yadav. Advocate RPS Yadav in turn, stated he obtained the Vakalatnama with Singh's signature from another lawyer, Advocate Karan Singh Yadav, who practices before the Allahabad High Court.

"Yesterday, Mr. R.P.S. Yadav was present in the Court and Mr. Anubhav was not present, and on our being asked, Mr. R.P.S. Yadav had stated that the `Vakalatnama’ was signed by the petitioner – Bhagwan Singh in his presence. Today, he states that he had received the `Vakalatnama’ already signed by the petitioner – Bhagwan Singh from one lawyer named Karan Singh Yadav, who is practicing in the Allahabad High Court," the Court noted in its July 31 order.

The Bench noted, "The petitioner – Bhagwan Singh is also present in the Court and he states that he does not know either Mr. Anubhav or Mr. R.P.S. Yadav or Karan Singh, and that he came to know about the present proceedings having been filed in his name only when the concerned Police Station of his area came to serve notice of this Court on him in respect of the present S.L.P. proceedings."

"Mr. R.P.S. Yadav give the correct name, full address with Phone Number of Mr. Karan Singh who, according to him, had given the papers along with the signed `Vakalatnama’ of the petitioner to file the SLP in this Court," the Court directed.

Furthermore, the Bench directed the Registry to issue notice to Advocate Karan Singh at the address furnished by learned Advocate R.P.S. Yadav, to remain present in the Court on August 9, 2024 at 2.00 pm. "Let the petitioner – Bhagwan Singh file an affidavit with regard to the correct facts in respect of the present proceedings. List on 9-8-2024 at 2.00 p.m," the Bench said. 

Cause Title: Bhagwan Singh v. State of UP & Anr. [Diary No. 18885/2024]

Click here to read or download the 30th July Order 

Click here to read or download the 31st July Order