The Delhi High Court recently directed the Deputy Commissioner of Police (Central District) to investigate a case of forgery after discovering that a writ petition in a demolition matter had been filed using the name of an NGO without authorization from its president [Delhi Ki Galiyan Vs Deputy Commissioner].
Justice Mini Pushkarna passed the order on October 13 while hearing a petition purportedly filed by Delhi Ki Galiyan NGO seeking the demolition of an alleged illegal structure in South Delhi's Okhla.
When the matter was called, Akbar Ali, who appeared in person and identified himself as the president of Delhi Ki Galiyan NGO, told the court that he had never authorized anyone to file the petition.
He produced his Aadhaar card, the NGO’s governing body list, and a public notice dated September 11, warning that the organization’s letterhead had been stolen and misused.
The notice, published in The Indian Express and Jansatta, named Farid Ali, son of Late Sattar Ali, as the person who had allegedly impersonated the NGO and filed the case without authority. A complaint about the incident was also submitted.
All these documents were taken on record by the Court.
After hearing Ali, the Court noted:
"This Court takes note of the submission made by Mr. Akbar Ali, the President of the petitioner-NGO that the present writ petition has been filed unauthorizedly, without any authority from the said NGO. This is a very serious matter, and a case of deception and fraud being played upon this Court."
The Court held that filing a petition in the name of an organisation without its authorisation amounts to deceit and an abuse of process.
“When an unauthorised person files a petition of this nature for taking action against unauthorised construction, the said conduct is not only deceitful but also misuse and abuse of the process of law. Courts discharge a very critical function of dispensing justice when citizens and other bodies approach this court for relief. When such solemn process is misused by parties for their personal and unlawful gains and with ulterior motives, the courts have to come down heavily on such unscrupulous persons,” the judge said.
Meanwhile, counsel for the Municipal Corporation of Delhi (MCD) informed the Court that the civic body had already taken action against alleged illegal activity. A status report dated October 10 recorded that the premises had been sealed and further enforcement was scheduled for October 29.
Photographs of the site were annexed to the report and reproduced in the judgment.
After Akbar Ali clarified that the NGO had not authorised the petition, the Court permitted withdrawal of the case and disposed of the matter.
Justice Pushkarna concluded that misuse of the court’s process “for personal and unlawful gains” was a serious abuse that cannot be condoned lightly.
Taking a serious view of the conduct, the Court directed the Delhi Police to investigate and take appropriate action against Farid Ali in accordance with the law.
A cost of ₹50,000 was also imposed on Farid Ali, payable to the Delhi High Court Bar Clerks Association within six weeks. The DCP was instructed to ensure compliance with the order.
The matter will be listed again before the Registrar of the High Court if the amount is not deposited within the period.
The petitioner NGO was represented by its President, Akbar Ali, who appeared in person.
Delhi Police was represented by advocate Kushagra Kumar.
The Delhi government was represented by advocates Rachita Garg and Agam Rajput.
The MCD was represented by advocate Saurabh Goel on behalf of standing counsel Hirein Sharma.
Advocate Shabbir Ali appeared for another respondent (respondent number 5).
[Read Judgment]