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The Central Bureau of Investigation (CBI) has registered a case against several Allahabad high court and Supreme Court lawyers and two private individuals for defrauding the Supreme Court by filing a fake petition to revive the rape case against Ajay Katara – the star witness in the Nitish Katara murder case, officials in the federal agency said, adding that their initial enquiry established the commission of offence. The Supreme Court had ordered a CBI probe in the matter in September this year.
In its September 20 order, a bench of Justice Bela M Trivedi and Justice Satish Chandra Sharma had said, “In the extraordinary facts and circumstances, and considering the gravity and seriousness of the case, when the high court and Supreme Court were sought to be taken for a ride and when the entire justice delivery system was sought to be put to stake, by respondent 3 Sukhpal, respondent 4 Rinki, and their associates and advocates, who helped them in forging and fabricating the documents to be filed in the high court and Supreme Court, and to pursue the false proceedings filed in the name of Bhagwan Singh without his knowledge, consent or authority, we deem it appropriate to hand over the investigation of the case to the CBI.”
CBI first lodged a preliminary enquiry (PE) in the matter on October 5, which was turned into a regular case on November 22 in charges of cheating, criminal conspiracy and forgery. Those named in the CBI first information report (FIR) include several lawyers practising at the Supreme Court, Allahabad high court and two private individuals who were part of the conspiracy.
Ajay Katara is the prime witness in the 2002 Nitish Katara murder case, in which Vikas and Vishal Yadav, the son and nephew of politician DP Yadav, were convicted and sentenced to 25 years’ imprisonment. A woman, identified as the daughter of a man named Bhagwan Singh and a resident of Uttar Pradesh, had accused Ajay Katara of raping her. The rape charges were quashed in 2019 by the Allahabad high court.
To challenge the quashing of rape charges, two special leave petitions (SLPs) were filed in the Supreme Court in the name of Bhagwan Singh. The first petition challenged the 2019 order of the Allahabad high court quashing the rape charges, and the second petition was against an April 2024 of the same high court dismissing the revision of its 2019 order.
Bhagwan Singh said in an affidavit in the Supreme Court that he never signed any criminal appeal.
CBI said its PE revealed that the accused in criminal conspiracy with each other and other unidentified people had filed a false SLP in the Supreme Court in the name of Bhagwan Singh by filing false and fabricated documents.
CBI probe revealed that Bhagwan Singh neither met the named advocates nor instructed them to file the proceedings in the high court or the Supreme Court on his behalf.