Sangeeta Gupta and Associates to Face Legal Action under Bharatiya Nagarik Suraksha Sanhita, 2023 for Filing False Affidavits and Forged Documents
In a landmark judgment, the Allahabad High Court has directed the prosecution of Sangeeta Gupta and her associates for filing false affidavits and engaging in forgery and impersonation in a Public Interest Litigation (PIL). The Division Bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra found substantial evidence of fraudulent activities, including the submission of forged signatures and impersonation of legal counsel, leading to the misuse of the judicial process.
The court's decision came after a detailed forensic investigation confirmed discrepancies in the signatures of Ashraf Ali, an advocate involved in the case. The Forensic Science Laboratory, Lucknow, provided a report indicating that the signatures on various legal documents did not match, implicating both Ashraf Ali and Sangeeta Gupta in the alleged forgery.
The case, originally filed as a PIL by Gupta, sought to challenge appointments within the Tamkuhiraj Education Society and Fateh Memorial Inter College. However, it was revealed that the PIL was used as a vehicle for fraudulent activities, including the filing and withdrawal of multiple frivolous petitions in collusion with other advocates.
Highlighting the abuse of the judicial process, the court noted the collusion among Gupta, Ashraf Ali, and another advocate, Amit Pratap Singh. The trio was accused of fabricating documents and impersonating individuals to manipulate legal proceedings. The court cited the involvement of fictitious identities and shared residential addresses and contact numbers among the accused as further evidence of their collusion.
As per the judgment, the Registrar (Selection & Appointment) has been authorized to lodge a formal complaint with the jurisdictional Magistrate of Prayagraj. The complaint will be filed under Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which outlines procedures for cases involving forgery and impersonation in legal proceedings. The Registrar is tasked with ensuring that all necessary documents, including the forensic report, are submitted to facilitate the prosecution.
The court's order underscores the importance of maintaining integrity within the legal system and the serious consequences of abusing the judicial process. The proceedings of the PIL have been deferred, pending the outcome of the prosecution, emphasizing the court's commitment to addressing the misconduct comprehensively.
This judgment serves as a stern warning against the misuse of legal processes and highlights the judiciary's role in safeguarding the sanctity of the legal system.
Bottom line:-
Filing of a false affidavit and allegations of forgery, impersonation, and abuse of the process of law in a PIL filed by the petitioner, resulting in directions for prosecution under Section 379 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 215(b), 379
Sangeeta Gupta v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2942423
