SC recalls ruling after 'ghost' respondent secures favourable order

New Delhi: The Supreme Court has revoked its ruling in a land dispute after discovering that the favourable verdict was secured through a fabricated settlement and a "ghost" respondent.

A bench led by Justices P.S. Narasimha and Joymalya Bagchi has directed the apex court registry to conduct an inquiry and submit a detailed report within three weeks.

The court also warned that an FIR may be lodged to hold those responsible accountable.

On December 13, 2024, the Supreme Court overturned the rulings of a Muzaffarpur trial court and the Patna High Court, basing its decision on a purported compromise agreement between the petitioner and the respondent.

However, it was later revealed that the supposed respondent was an imposter, while the actual respondent, Harish Jaiswal, a resident of Muzaffarpur, Bihar, was completely unaware of the proceedings.

Jaiswal only learnt about the Supreme Court order when his son-in-law discovered it on the court's website five months later. He swiftly approached the court through his lawyer, Gyanant Singh, alleging that the verdict had been secured through fraud, deception, and suppression of material 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 plea said.

The original order notably recorded the appearance of four advocates representing the fake respondent.

However, during the fresh hearing, a lawyer appearing on behalf of one of the previously listed advocates informed the bench that he is 80 years old and has not practised law in recent years.

The lawyers denied any involvement in the case or appearing before the court on the day of the ruling.

Further raising suspicion, a caveat was filed in the respondent’s name, effectively blocking the issuance of a notice that would have alerted the real party to the ongoing proceedings.

“The court cannot be taken for a ride,” the plea said, pointing out the seriousness of the fraud perpetrated on the judiciary.

Jaiswal, the original respondent in the case, alleged the December 13, 2024, order allowing a special leave petition effectively overturned a 2016 judgement of the Patna High Court on the basis of a forged settlement agreement and fraudulent legal representation.

According to the plea, Jaiswal never entered into any compromise with the petitioner, Bipin Bihari Sinha, nor did he appoint any lawyer to appear on his behalf in the matter.

He claimed to be completely unaware of the Supreme Court proceedings until recently, when he learnt of the order through personal sources.

“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 said.

It said the petitioner, in collusion with unnamed individuals, fabricated a compromise and engaged lawyers without his knowledge or consent.

This deception led the top court to believe that the dispute had been amicably resolved, it added.

(inputs from PTI)