Court directs Registrar to investigate and report any criminal activity to police; forged Vakalatnama and withdrawal application under scrutiny.
In a significant development, the Madhya Pradesh High Court at Jabalpur has ordered a detailed inquiry into suspicious activities involving the alleged forgery of a Vakalatnama and the unauthorized withdrawal of an appeal. The case, titled "Ms. Shalini Sharma v. Dr. Rekha Baijal," highlights serious concerns over potential criminal misconduct within legal proceedings.
Presided over by Justice Vivek Jain, the court scrutinized the circumstances surrounding First Appeal No. 969 of 2024. The appellant, Ms. Shalini Sharma, appeared in person along with her legal counsel, Shri Joydeep Bhattacharya, and vehemently denied authorizing any Advocate named Ajay Kumar Yadav to act on her behalf. She also disputed the authenticity of a withdrawal application submitted under her name.
The controversy began when a Vakalatnama purportedly executed by Ms. Sharma in favor of Advocate Ajay Kumar Yadav, was submitted, alongside a No Objection Certificate allegedly from her original counsel, Shri S.P. Mishra. However, both Ms. Sharma and Mr. Mishra contested these claims, stating they had no knowledge of Mr. Yadav or any instructions given to him regarding the withdrawal of the appeal.
The court's investigation revealed further discrepancies. At a subsequent hearing, Advocate Ajay Kumar Yadav appeared and disassociated himself from the case, asserting that he neither filed the Vakalatnama nor knew Ms. Sharma. This assertion was supported by his identification documentation, which the court verified.
Adding to the complexity, Ms. Laxmi Devi Singh, an Oath Commissioner, testified that a woman, not matching Ms. Sharma’s description, had approached her for the affidavit's execution. She was unable to identify the accompanying advocate as Mr. Yadav.
Acknowledging the potential gravity of these irregularities, Justice Jain ordered the Registrar (Judicial-I) to conduct a thorough investigation. The court mandated that if any criminal activity is unearthed, the Registrar must promptly report the matter to the police to facilitate FIR registration and further legal action against the perpetrators.
The court also addressed procedural issues related to the misuse of the Oath Commissioner's register, noting instances of overwriting and blank pages. These have been seized and will form part of the inquiry record.
In a related development, the court considered an application for a change of counsel for the respondents, following the death of respondent Dr. Rekha Baijal. The court allowed the change for respondent Neha Shukla, while deferring consideration for the deceased respondent.
This case underscores critical lapses in legal documentation processes and highlights the need for stringent checks to prevent such occurrences. The court's directive for a detailed inquiry signifies its commitment to upholding the integrity of judicial processes and ensuring that justice prevails.
Bottom Line :
Detailed inquiry ordered into suspicious activities involving forged Vakalatnama and withdrawal of appeal without authorization. Registrar (Judicial-I) directed to investigate and report any criminal activity to police for FIR registration.
Statutory provision(s): Civil Procedure, Misuse of Oath Commissioner register, Representation of Parties, Death of Respondent
Ms. Shalini Sharma v. Dr. Rekha Baijal, (Madhya Pradesh)(Jabalpur) : Law Finder Doc id # 2962562
