The Supreme Court has recalled its judgment in a land dispute case after it was revealed that the ruling was obtained through a fabricated settlement involving a “ghost” respondent. The bench, comprising Justices P S Narasimha and Joymalya Bagchi, has directed the apex court registry to conduct an internal inquiry and submit a report within three weeks. It also warned that an FIR could be registered against the culprits.
The bench had initially, on December 13, 2024, set aside the decisions of a Muzaffarpur trial court and the Patna High Court, accepting what was later found to be a fraudulent compromise agreement between petitioner Bipin Bihari Sinha and an alleged respondent.
It was subsequently discovered that the real respondent, Harish Jaiswal of Muzaffarpur, Bihar, had no knowledge of the proceedings. Jaiswal became aware of the Supreme Court order five months later when his son-in-law stumbled upon it on the court’s website. Represented by advocate Gyanant Singh, Jaiswal approached the court alleging fraud, deception, and suppression of facts.
“The petitioner has not only acted in violation of legal and ethical norms but has also committed a fraud upon this court, which, if not rectified, will embolden such mala fide litigants to continue their deceitful practices,” the application filed by Jaiswal stated.
The case further raised suspicions when it was revealed that four advocates had been recorded as appearing for the impersonator posing as Jaiswal. One of these advocates, now aged 80, stated through counsel that he had not practised law recently and denied any involvement or appearance in the matter.
To worsen matters, a caveat had been strategically filed under the respondent’s name to prevent issuance of a notice that would have alerted the real respondent of the case.
“The court cannot be taken for a ride,” Jaiswal’s counsel argued, highlighting the seriousness of the manipulation that had led to the misuse of judicial process.
Jaiswal alleged that the December 13, 2024 order effectively overturned a 2016 judgment of the Patna High Court based on the forged compromise and unauthorised legal representation. He insisted that he had never entered into any agreement with the petitioner nor appointed any lawyer to represent him.
“The entire proceedings were manipulated to ensure that the applicant was kept in complete ignorance, thereby depriving him of his fundamental right to be heard,” the plea stated.
Jaiswal contended that the petitioner, in collusion with unknown individuals, orchestrated the filing of the fake settlement and falsely engaged legal counsel without his consent, leading the court to wrongly conclude that the matter had been resolved amicably.
The Supreme Court has made it clear that such fraudulent practices will not be tolerated and ordered a full investigation to uncover the truth behind the deceit.
