New Delhi: The Supreme Court Monday quashed an FIR against badminton player Lakshya Sen, his family members and coach in the birth certificate forgery case.
A bench of Justices Sudhanshu Dhulia and Aravind Kumar said the continuation of criminal proceedings against Sen was an abuse of the process of court.
The top court observed the very allegations that were examined and debunked by competent authorities
were now being sought to be revived as it ruled out any fresh evidence meriting reopening of the inquiry.
“The appellants, particularly appellant 1 and 3, are sportspersons of national standing, having represented India in international badminton tournaments and having earned multiple accolades, including medals at the Commonwealth Games and BWF international events,” the court said.
The top court went on, “To compel such individuals who have maintained an unblemished record and brought distinction to the country through sustained excellence,to undergo the ordeal of a criminal trial in the absence of prima facie material would not subserve the ends of justice.”
The invocation of criminal law in such circumstances, the bench held, would amount to an abuse of process, which this court cannot countenance.
The top court observed the Sports Authority of India (SAI), upon receiving complaints, initiated a verification process in 2016, which included medical testing and factual inquiries.
The players were stated to have undergone bone ossification and dental tests at government-run hospitals, including AIIMS, Delhi.
“The findings of these tests supported the birth years as recorded in official documents. On that basis, the SAI closed the matter. The CVC, an independent oversight body, was also seized of the issue and recommended no disciplinary proceedings against DK Sen. These findings were accepted by the relevant authorities and have not been set aside or reopened,” the bench said.
Complainant M G Nagaraj alleged birth certificates of Sen and his brother Chirag Sen were forged.
The top court was hearing a plea against a February 19 Karnataka High Court order rejecting the petitions filed by Sen, his family members, and his coach U Vimal Kumar.
The high court found prima facie evidence, warranting an investigation into the case.
Nagaraj alleged Sen’s parents Dhirendra and Nirmala Sen, along with his brother, coach, and an employee of the Karnataka Badminton Association, were involved in falsifying the birth records.
According to the complaint, the accused allegedly manipulated the birth certificates of the Sen brothers, reducing their age by approximately two-and-a-half years.
The alleged forgery was intended to allow them to participate in age-restricted badminton tournaments and avail government benefits.
Nagaraj supported his claims with documents obtained under RTI Act and requested the court to summon original records from SAI and the Ministry of Youth Affairs and Sports in New Delhi.
Based on the evidence, the court directed the High Grounds police station to conduct an investigation.
The police subsequently lodged an FIR under Sections 420 (cheating), 468 (forgery), and 471 (using forged documents as genuine) of IPC.
The petitioners moved the Karnataka High Court in 2022, securing an interim order, which stalled the investigation.
They argued the complaint and subsequent FIR were baseless, motivated, and intended to harass them.
Nagaraj was alleged to have acted out of personal vendetta after his daughter applied to join the Prakash Padukone Badminton Academy in 2020 but was not selected after the evaluation process.
Kumar, a coach at the academy, was named in the complaint.
The high court, while dismissing the petitions, observed that the petitioners’ counsel did not present arguments despite being given sufficient opportunities.
PTI
