Supreme Court Takes Suo Moto Cognizance Of Fake Order Produced Before It, Orders Police To Investigate Role Of Advocate

In a recent incident, the Supreme Court, during its consideration of a Miscellaneous Application filed within a Special Leave Petition, took suo motu action upon observing that a copy of the Apex Court's order, marked as an annexure in the application, was fabricated. Consequently, the Court directed the Registrar (Judicial Listing) to initiate criminal proceedings by filing a complaint with the appropriate jurisdictional police station.

The Bench of Justice Abhay S. Oka and Justice Pankaj Mithal ordered, "It is obvious from the report that the document purporting to be a copy of the order of this Court which is marked by Annexure-III in the report is a fabricated document. Therefore, the Registrar(Judicial Listing) must set the criminal law in motion by lodging a complaint with the jurisdictional police station."

The Court also observed that despite directing the Advocate to appear before the Court to examine the role in the fabrication of the Court's order, the Advocate chose not to comply with the directive and did not appear. Accordingly, the Court asked the Investigating agency to probe into the Advocate's role.

"It is for the investigating agency to examine the role allegedly played by her", read the Order. The Court also directed the Registrar (Judicial Listing) to submit a copy of this order along with the annexures referred to in his report with the complaint.

The Bench also ordered that 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.

In its order dated July 25, 2022, the Supreme Court dismissed the Special Leave Petition (SLP). The order explicitly stated, "We find no grounds to interfere with the impugned judgment and order of the High Court in the exercise of jurisdiction under Article 136 of the Constitution of India. The special leave petitions are, accordingly, dismissed."

However, the fabricated order filed as Annexure-III incorrectly claimed that the SLP had been allowed. The Court will now consider the matter on December 1, 2023.

Cause Title: Manish Madanmohan Agrawal & Ors. v. Satyanarayan Dulichandji Agrawal & Ors. [Miscellaneous Application Nos. 167-168/2023]

Click here to read/download the Order