Delhi court acquits all accused in 32-year-old Rashtrapati Bhawan records forgery case

A Delhi court recently acquitted all surviving accused in one of the country’s oldest pending criminal cases originally initiated on the directions of the Supreme Court nearly three decades ago for allegedly forging the documents of Rashtrapati Bhawan. 

Additional Chief Judicial Magistrate Jyoti Maheshwari of Rouse Avenue Courts cleared three accused Mohan Lal Jatia, Ashok Jatia and Ashok Jain of all charges, including criminal conspiracy, fabrication of evidence and forgery. 

Two others, Milap Chand Jagotra and Gurcharan Singh who were also named as accused in the case and were working in the President’s Secretariat during the alleged offence, died during the pendency of the case. Proceedings against them were abated. 

“When the evidence is appreciated in its entirety, this Court finds that the prosecution’s case rests on conjectures and inferences, rather than legal proof… On the other hand, the accused persons have been able to cast a serious dent in the case of the prosecution,” the Court ruled. 

The case arose in 1986 when Mohan Lal Jatia, detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), challenged his detention before the courts. A key claim in his case before the Supreme Court was that a representation had been submitted to the President of India but was never considered.

Doubts over the authenticity of this claim led to allegations that the accused conspired to fabricate evidence, including forging entries in official records at the President’s secretariat. Acting on these concerns, the Supreme Court in 1994 directed that a criminal complaint be filed and investigated by the Central Bureau of Investigation (CBI).

The prosecution argued that a disputed entry in the Dak (mail) register of the President’s Secretariat had been inserted later to falsely show receipt of the representation. Witnesses testified that the entry appeared irregular and possibly forged, and forensic reports were presented to support the claim.

However, the Court found that the prosecution failed to establish the allegation beyond a reasonable doubt. The Court observed that no conclusive proof linked the surviving accused directly to the alleged forgery or conspiracy.

The Court also noted that the central issue in the case, that the representation was not delivered to the President, has not been proved. Therefore, the argument that the accused falsely stated in their affidavit that representation was delivered cannot be proved, the Court noted.

Judge Maheshwari added that had the trial in the case not been so protracted, additional material evidence may have surfaced, placing the Court in a better position to ascertain the truth. 

“Be that as it may, upon a careful appreciation of the material on record, the prosecution has failed to establish the commission of alleged offences by the accused, beyond reasonable doubt,” the Court concluded. 

Public Prosecutors Saloni and Anoop Kumar represented the CBI. 

Senior Advocate Anurag Ahluwalia with advocates Vidit Gupta and Trivesh Sharma represented accused Mohan Lal Jatia and Ashok Jatia. 

Advocates Abhigyan Siddhant and Rohit Kumar represented accused Ashok Jain. 

[Read Judgment]