New Delhi, Sep 28 The Supreme Court has directed its registry to initiate criminal action into a case involving fabrication of an order of the apex court.
A bench of Justices Abhay S. Oka and Pankaj Mithal ordered that criminal law must be set in motion by lodging a formal complaint with police after the Registrar (Judicial) found in an inquiry that an order of the top court was fabricated.
The bench specifically directed the investigating agency to examine the role allegedly played by the lawyer associated with the case, who chose not to appear before the court despite being called through a notice.
"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," it said.
The Supreme Court ordered that the Officer in-charge of the police station concerned will submit a report about the investigation within a period of two months.
After the main case was dismissed in July last year, one of the petitioners brought to the notice of the court that two conflicting orders, first order of dismissal and second order allowing the special leave petition (SLP), were purportedly passed by the same bench.
The Supreme Court took suo moto cognizance of the complaint and issued notice to advocate Mishra returnable in four weeks. As per the details available on the official website of the apex court, the court had dismissed the SLPs saying that there were "no grounds to interfere with the impugned judgment and order of the High Court in exercise of jurisdiction under Article 136 of the Constitution of India".
In its order passed on Tuesday, the Supreme Court noted that "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".
The matter will be taken up on December 1 for consideration of the police report.
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