‘High Court Held a Mini-Trial’: SC Restores Cheating Case Against Ex-MLA Over Fake Caste Certificate

The matter arose from the allegation that the accused, Rajendra Singh, obtained a Scheduled Caste certificate on August 08, 2008, from the Sub-Divisional Officer, Guna, identifying him as belonging to the ‘Sansi’ caste. Following this, he contested and won the election to the Guna (SC reserved) Assembly Constituency. Subsequently, the Caste Scrutiny Committee, by its order on August 10, 2011, directed the forfeiture of the certificate after determining it was issued in an illegal manner.

The complaint alleged that Rajendra Singh and his father, Amrik Singh, belong to the General category and had always presented themselves as such. It was claimed that only for the purpose of contesting the election as a reserved candidate, immediately before the election, they submitted documents, affidavits, and a panchnama to obtain the caste certificate.

The apex court, in restoring the case, observed that the high court "has conducted a mini trial" in the matter. It reviewed the cognizance order, noting: "We have also perused the order taking cognizance. The trial judge has meticulously applied his mind and sifted the chaff from the grain and out of twelve accused arrayed has, for the reason adduced, taken cognizance only against the four respondents-accused herein."

The bench consciously decided not to delve into the merits of the averments to avoid prejudicing the case of the accused at the trial stage.

The high court had opined that, due to legal illiteracy, "it was possible that being a member of 'Sikh' community, father or grandfather of the applicant Rajendra Singh would not have thought that they could claim for various reservations etc on the basis of their caste and therefore the applicant Rajendra Singh and his family members had used the name of the community as 'Sikh' while filling up column of caste in various applications and documents."

The Supreme Court, however, held that these findings regarding legal illiteracy were "conjectural and patently erroneous." It further stated that the high court's conclusion, at the stage of exercising powers under Section 482 of the Code of Criminal Procedure, that no evidence was produced was "also untenable." The finding that the accused, Rajendra Singh and Amrik Singh, were unaware of their caste initially was also "conjectural in nature," the bench held.

Court rejected the contention that the complaint amounted to a witch-hunt, calling it "too sweeping a statement to be accepted particularly in view of the finding of the Scrutiny Committee."

The argument that no case for offences under Sections 467, 468, and 471, IPC (related to forgery), was attracted was also a contention that "could not be accepted at this stage," as the averments in the complaint did allege that forgery was practiced to obtain the certificate, the court added.

The bench stated, "At this stage, it cannot be said that there is a case for nipping the prosecution for these accused at the bud." Court also rejected the argument that Section 420, IPC (cheating), was not attracted, saying this contention was "bereft of merit."

The appellants had contended that accused Rajendra Singh was the beneficiary and the caste certificate was the "property" which was obtained by deceiving the authorities, the bench noted. "As to whether the complainant is able to make good the case at the trial will depend upon the evidence which is forthcoming," the bench clarified.

The criminal complaint and the order taking cognizance were restored to the file of the Chief Judicial Magistrate First Class, Guna. The Supreme Court directed, "We direct that the trial shall be proceeded with from that stage. Considering that it is a complaint of 2014 we further direct that the trial be concluded expeditiously in any event within a period of one year."

Court clarified that the trial would be held uninfluenced by the findings of the high court and the apex court in the present proceeding. The complaint also named two other accused namely Kiran Jain, a Councilor of Ward No. 16, who allegedly certified that Rajendra Singh belonged to the Sansi caste despite knowing he did not, and Harvir Singh, from the Gurudwara Management Committee, Guna, who gave a similar certification for Rajendra Singh Saluja.

Case Title: Komal Prasad Shakya Vs Rajendra Singh And Others

Bench: Justices B V Nagarathna and K V Vishwanathan