PRASANTA KUMAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is a public interest litigation filed under Article 226 of the Constitution by Shri Prasanta Kumar Das, a social activist. He has stated in the petition that he has heard discussions at Cuttack, Bhubaneswar, Balasore, Bhadrak and Dhenkanal that counterfeit Court fees are being used by some well known lawyers and unscrupulous litigants in several litigations in these areas. The petitioner prayed for directing the Central Bureau of Investigation (for short, 'the C.B.I.') to make a thorough investigation into the use of such counterfeit Court fees in different litigations in the High Court and in the Sub ordinate Courts throughout the State.

(2.) ON 1.5.1998, the Court issued notice and further directed that a copy of the petitioner be served on the Registrar (Judicial) of the High Court. On 3.7.1998, the Court directed the Registrar (Judicial) to submit a report and also directed the State of Orissa to file a counter affidavit. On 17.7.1998, the Court directed that notice be sent to all District Judges of the State to submit their reports regarding use of counterfeit Court fees in Courts in their respective districts during ten years preceding the said Order dated 17.7.1998. On 21.8.1998, a counter affidavit was filed by the Deputy Registrar (Administration and Protocol) of the High Court stating, inter alia, that in the Writ Petition not a single material, regarding use of counterfeit Court fee by any advocate of the High Court or any other Sub ordinate Court has been indicated and that the allegations in the Writ Petition are wild and vague. It was however stated in the said counter affidavit that on inquiry it has been found that a forged Court fee has been used in only one case A.H.O. No. 10 of 1994 and after detection of the same, an FIR was lodged in the Lalbag P.S. on 19.2.1996 and Lalbag P.S. Case No. 56 of 1996 has been registered under Sections 467, 468, 419, 420 and 260, IPC and the same is under investigation by the Superintendent of Police, C.I.D. The Court passed Orders on 21.8.1998 directing that the case diary of the said Lalbag P.S. Case No. 56 of 1996.shall be produced by the Learned Government Advocate before the Court and on 28.8.1998. the case diary of Lalbag P.S. Case No. 56 of 1996 was produced before the Court and a direction was given to the investigating agency to file a status report by the 7th of September, 1998 on the investigation of the said case. On 28.8.1998. the Court also directed the Registrar (Judicial) of the High Court to conduct an inquiry through an appropriate officer in respect of the cases where Court fees worth more than rupees one thousand were paid to find out as to whether the Court fees paid were genuine or not. On 28.8.1998, the Court further directed the District Treasury Officer to give all information to the Registrar (Judicial) of the High Court for the purpose of such inquiry. On 6.11.1998, the Court directed the Secretary to Government, Finance Department, to issue statable instructions to all Treasury Officers/Sub Treasury Officers to inspect records of disposed of cases and also pending cases of various Courts of the State including the High Court and to find out whether fake counterfeit Court fees have been used. On 6.11.1998, the Court specifically directed that such inspection shall be done in case of suits, etc. filed from 1.4.1998 onwards where Court fees worth rupees five hundred or more have been used and a report of the inspection be submitted within six Weeks.

(3.) PURSUANT to the said Order Dated 7.7.1999, P.S. Case No. 56 of Lalbag P.S., Cuttack and P.S. Case Nos. 341 and 342 of Plant site P.S., Rourkela were transferred to the C.B.I, for investigation. Thereafter the C.B.I., Economic Offence Wing, Calcutta carried out the investigation and submitted progress report to the Court on 7.10.1999, 7.1.2000, 7.4.2000, 7.7.2000 and 7.10.2000 and after investigations were completed submitted charge sheets/closure reports before the respective Courts as per the details herein below :