After 35 years of trial, Srinagar court disposes of forgery case

Imposes Rs 3 lakh fine on plaintiff, directs Police to register FIR against accused
After 35 years of trial, Srinagar court disposes of forgery case
Representational Pic

Srinagar, Dec 29: A court here disposed of a case after 35 years of trial by imposing Rs three lakh fine on plaintiff for filing false claim and “wasting precious time of judiciary.”

The court also directed the Police to register FIR against accused persons.

After hearing counsels of plaintiff and defendants, the court of Additional District and Sessions Judge, Srinagar, presided over by Masarat Roohi said that plaintiff has admitted he is not either natural or adopted son of the defendant. The defendant was represented by advocate A.A Teli.

“In view of the record on file and the evidence from both sides it could be safely held that the suit, as it exists now is filed by a person who has admitted that he does not belong to the plaintiff in any legal capacity (natural/adopted son) and at the same time he cannot be termed as indigent being a stranger to the suit, who has no legal locus to be the successor in interest of the plaintiff,” court said.

The suit was filed in 1986 in Srinagar Court wherein an original plaintiff who later expired against her husband who had divorced her.

However, the plaintiff had concealed the fact of divorce and later claimed rights over the property of her former husband.

After the death of the original plaintiff, her nephew had claimed to be the natural son of the deceased and claimed rights over the property. Later, court found all claims false and documents produced in support of claim as forged.

“To my mind this case becomes a case history as to how the crafty adversarial system takes to ride the judicial system, the litigants, the gullible public and how the lenient and benevolent process of court chokes the whole system, derailing the judicial process and adding to overwhelming arrears which often become the source of criticism for judicial dispensation,” the court said.

Taking strong note of lies and false claims made by plaintiff before the court, the Court said: “This is an established case of estoppel, where plaintiff(s) and legal guardians have knowingly and deliberately lied on oath, furnished false affidavits and not only misled the Courts but have taken the whole judicial process to ransom and then very conveniently shifting their stances not once but many times.”

Court added that “such people need to be taken to task for the offense of fraud.”

Court added that the suit deserves to be dismissed along with exemplary costs of Rs three lakhs to be paid to State Legal Services Authority for wasting time of the Court and public for so many years. “Let this be a deterrent to all those litigants who dare to ride the judicial system without a just and proper cause.”

Court added that plaintiffs have illegally created forged and fraudulent documents and presented them before court to support their false claims “in order to change the course of justice.”

Court further said that plaintiffs have not only committed criminal contempt of court but also have invited upon themselves criminal liability.

The court directed police to book all accused (plaintiff) under criminal law and file a compliance report before it.

“Such people (accused) are parasites in the society who not only suck the blood of their own fellow citizens but choke the course of justice and take the system for a ride perpetually,” the court observed.

Greater Kashmir
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