Delhi High Court
Narender Kasana @ Narendra Kumar vs State Of Nct Of Delhi on 3 June, 2021
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on:8thFebruary, 2021
Date of decision:3rd June, 2021
+
BAIL APPLN. 1886/2020
NARENDER KASANA @ NARENDRA KUMAR..... Petitioner
Through: Mr. Abhijat, Mr. Jindal and Mr.
Arpit, Advocates. (M:8826908171)
with Mr. Anurag Singh and Mr.
Anand Kataria, Advocates (M:
9716913648).
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Mr. Rahul Mehra, Standing Counsel
with Mr. Chaitanya Gosain,
Advocate. (M:9999981270)
Inspector Mr. Ram Avatar Tyagi
with, SI Ankit Kumar, PS Karawal
Nagar. (M:9971900652)
CORAM:
JUSTICE PRATHIBA M. SINGH
JUDGMENT
Prathiba M. Singh, J.
1. A forged and fabricated Covid-19 certificate filed by the Petitioner to
seek extension of his interim bail is the gravamen of the issue being
considered. The onset of the Covid-19 pandemic has resulted in severe
pressure on criminal Courts including in bail matters etc. Hundreds of cases
have been filed before Courts, where bail or extension of bail has been
sought on the basis of Covid-19 test reports however; it is not in all cases
that such reports are genuine. As the facts of the present case would reveal,
the Petitioner initially obtained interim bail from the trial court. Thereafter
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
he sought extension of the bail, which was declined. He then approached
this court by filing the present petition, on the basis of a test report
purportedly showing him to be COVID-19 positive. On the strength of the
said report, extension was granted for his surrender. He then absconded and
non-bailable warrants were issued by this court. Finally, he was arrested
and is currently in custody. During this process, it was revealed that the
Covid-19 test report which was filed before this Court was forged and
various facts were fabricated. Further probing raised doubts that several
persons may have played a role in misleading this Court including the
Petitioner, his four nephews as also his counsel. During the course of
proceedings, when status reports were sought from the police authorities,
the verification was not properly done and a false Covid-19 test report was
verified as being authentic and genuine. The facts also reveal several dents
even amongst the staff of the District MMG Hospital, Ghaziabad, UP
(hereinafter as 'Hospital') where the Petitioner was allegedly admitted for
a few hours and from where he absconded. As the case progressed, various
facets were revealed which resulted in this Court directing an inquiry by
the Registrar (Vigilance) of the Delhi High Court.
2. The Registrar (Vigilance) has, after conducting a detailed inquiry
submitted her report dated 5th December, 2020. A copy of the report was
supplied to the parties and to their ld. counsels. Submissions were heard in
the matter and judgment was thereafter reserved.
Brief chronology of events
3. An FIR No. 326/17 was registered against the Petitioner under
Section 3(4) of Maharashtra Control of organized Crime Act, 1999
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Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
"MACOCA", at PS Karawal Nagar, (North-East) Delhi. The Petitioner was
in judicial custody since 20th March, 2018. On 1st June, 2020 he was
released on bail by the duty ASJ, North East District, Karkardooma Courts
on the ground that his wife has to undergo surgery for gallbladder. Since
the operation was delayed, extension of bail was sought. The Petitioner's
wife's surgery was conducted on 16th June, 2020. Bail was thereafter
extended by the Trial Court and finally vide order dated 25th June, 2020 the
Petitioner was directed to surrender before the authorities on or before 29 th
June, 2020. The application seeking interim bail on the said date was
dismissed, however, the Petitioner did not surrender. He created an excuse
that he visited the Mandoli Jail but was not permitted to surrender on the
ground that all interim bail was extended till 15th July, 2020. On 6th July,
2020, however, when he moved another application seeking extension of
interim bail, the application seeking extension of bail was dismissed. The
Court had also forfeited the bail bond and non-bailable warrants were
issued against the Petitioner. Various allegations were leveled by the
Petitioner against the Superintendent Central Jail Mandoli on the ground
that he was not permitted to surrender. The Court at Karkardooma issued
notice to the Superintendent Central Jail Mandoli on 7 th July, 2020 and
called for a reply on 13th July, 2020. The entire stage then shifts to the
High Court. A Vakalatnama is stated to have been executed by the
Petitioner in favour of two advocates - Mr. Anurag Singh and Mr. Anand
Kataria on 10th July, 2020. The bail application is first stated to have been
filed, in the High Court on 17th July, 2020 and re-filed on 23rd July, 2020.
The facts, inter alia, pleaded in the bail application are:
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Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
a) That while he was on interim bail, the Petitioner's health
deteriorated and showed symptoms of Covid-19 and that he
gave a sample for conduct of Covid-19 test at the Hospital.
b) That the Covid-19 positive test report was received on 13th
July, 2020. An application was moved before the
Karkardooma Courts for seeking extension of interim bail and
cancelling of non-bailable warrants.
c) On 14th July, 2020, the said application was withdrawn and on
the intervening night of 14th/15th July, 2020 the Petitioner got
admitted to the Hospital. Hence the bail application on 17th
July, 2020 on the ground that he is Covid positive.
4. The application for bail currently before the Court is dated 22nd July,
2020. The affidavit in support of the same has been filed by the Petitioner
himself, however, the same is not notarized or attested by an oath
commissioner.
5. The matter was listed before this court on 27 th July,
2020.Considering the submissions of the counsels that the Petitioner has
tested Covid-19 positive, the date for his surrender was extended till 14th
August, 2020. The relevant portions of the order are set out below:
"2. The present petition has been filed seeking further
interim bail for a period of 45 days. The Petitioner in
this case, was granted interim bail for a week vide
order of ld. ASJ dated 1st June, 2020, which was
extended on several occasions, finally till 29th June,
2020. It is the case of the Petitioner that he went to
the Mandoli Jail to surrender, however, he was not
allowed to surrender and accordingly he made a call
on '100' number to the Police Control Room (PCR).
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
3. Till date, the Petitioner has not surrendered and
non-bailable warrants (NBWs) have been issued
against him and surety has also been invoked.
4. The case of the Petitioner is that he has now been
tested Covid-19 positive and admitted in the MMG
District Hospital, Ghaziabad. The Covid-19 test
report and Admission Slip of the Hospital have been
placed on record. Mr. Raghuvinder Verma, ld. APP to
verify the same through the Investigating Officer (IO)
along with the assistance of the SHO, Ghaziabad.
5. Since it has been stated that the Petitioner has now
tested Covid-19 positive, the date for his surrender is
extended till 14th August, 2020. Ld. counsel for the
Petitioner submits that immediately upon his
discharge from the hospital, the Petitioner would
surrender. The invocation of surety shall therefore not
be pressed till the next date by the prosecution"
Relying on the test report filed with the petition, which showed that the
Petitioner had tested positive, the date for his surrender was extended till
14th August, 2020. Simultaneously, the ld. APP who had appeared before
the Court was directed to conduct a verification and file a status report as
well.
6. On the next date, shockingly i.e., 13th August, 2020 it was submitted
by the ld. APP that the Petitioner has absconded from the Hospital. On 18th
August, 2020, in view of the suspicion raised, the Court passed detailed
directions to the following effect:
"5. The status report was thereafter filed which
unfortunately revealed that the Petitioner has
absconded from the hospital in Ghaziabad. The status
report reads as under:
"(1) That the medical documents
(certificates) of petitioner Narender
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Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
Kasana, has been verified from District
MMG Hospital, Ghaziabad (UP) and
found genuine.
(2) That as per the Covid-19 test report
issued by Infectious Disease Control Room
Ghaziabad (UP) petitioner Narender
Kasana Age 35 yrs was found Positive on
13/07/2020.
(3) That as per the report of Dr. M.K.
Chaudhary (EMO) MMG District Hospital
Ghaziabad, UP patient Narendra Kasana
@ Narender Kumar got Admitted on
15/07/2020 at 12:15 AM vide EOPD No-
14019 1 PD No-3812 and absconded at
2:00 PM on the same day i.e. 15/07/2020
from the Hospital."
6. As per the above status report, the Petitioner had
absconded from the hospital on 15th July 2020 itself. A
perusal of the present petition shows that the petition
is lodged on 22ndJuly, 2020. However, the affidavit
has been signed on 15thJuly, 2020. The vakalatnama
issued in favour of the lawyers has been signed on
10th July, 2020. Since the Petitioner is stated to have
absconded on 15th July, 2020, the filing of the present
petition and getting the bail extended on a wrong
premise on 27th July 2020 is a clear
misrepresentation. It is also inexplicable as to how
the petition was filed on22ndJuly, 2020, with an
affidavit of 15th July, 2020 after the Petitioner had
absconded from the hospital. This clearly gives an
impression to the Court that the counsels who
appeared on 27th July, 2020 may have been aware of
the fact that the Petitioner had absconded and this
fact was not brought to the notice of this Court when
the matter was listed on 27th July, 2020.
7. Issue non-bailable warrants (NBWs) against the
Petitioner. The said warrants shall be executed by the
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Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
concerned police officials along with the cooperation
of the local police in Ghaziabad and/or U.P., if
required.
8. Let the status report on the execution of the
bailable warrants be filed within two weeks.
9. In the meantime, ld. counsels for the Petitioners
shall provide to the IO/APP concerned all the details
of the Petitioner including mobile number, house
address etc., Ld. Counsels for Petitioner to also place
on record their personal affidavits as to when the
Petitioner had got in touch with them, when and
where the case papers including the
affidavit/vakalatnama was signed and also as to
whereabouts of the Petitioner and/or his family, who
may have been in touch with the counsels. Affidavits
be filed within two weeks.
10. Mr. Anurag Singh, Id. counsel submits that the
case was filed on 17th July, 2020. However objections
were removed on 26thJuly, 2020. Registry to file a
complete status report as to when the matter was
lodged and the details of the processing of the said
petition."
7. From the above order it is clear that the Court began to doubt the
version of the Petitioner that he was in Hospital on 15 th July, 2020 due to
Covid-19. He had absconded on the same date. This fact had not been
brought to the notice of this Court when the matter was first heard on 27th
July, 2020 - almost 12 days after he had absconded. Extension of date of
surrender was obtained on a false pretext that the Petitioner is Covid
positive as though he was still in hospital. A submission was made to the
Court that he would surrender upon release from hospital, when clearly it
appeared to the Court that the counsels were aware that he had absconded
by then. The counsels were, thereafter, directed to give their respective
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Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
mobile numbers etc., in order for the police to look into the matter. The
Registry of the High Court was also directed to place a complete status
report. On 28th August, 2020, the Petitioner continued to remain
absconding. On the said date, the local DCP of the area concerned was
directed to take steps to arrest the Petitioner.
8. The counsels for the Petitioner filed their affidavits, which were
considered by the Court on 3rd September, 2020 and the ld. APP was
directed to inquire into the same. Non-bailable warrants, which were issued
on 18th August, 2020 against the Petitioner, was also directed to be
executed. The DCP (North-East Delhi) was directed to take cooperation of
the U.P. Police. On 17th September, 2020, this Court was informed that the
Petitioner who had absconded on 15th July, 2020 was arrested and was sent
to custody by the order of the ld. ACMM, Karkardooma Courts. On the
said date, the Investigation Officer (IO) was directed to look into the matter
and see if there were any telephone calls exchanged between the counsels
and the Petitioner from 14th July, 2020 and a status report was called for,
after verifying the CDR.
9. On 12th October, 2020, the Petitioner who joined the proceedings
from the jail claimed that he did not remember the name of the lawyer
whom he had engaged and that his nephew had got the affidavit signed by
him on 15th July, 2020. The status report was also filed by SHO, PS
Karawal Nagar. Insofar as the status report which had to enquire into the
calls between the counsel and the Petitioner are concerned, the following
was recorded on 12th October, 2020:
"2. The Petitioner - Narender Kasana has joined the
Court proceedings from jail. He states that he does not
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
remember the name of the lawyer who he had engaged.
He states that the vakalatnama was earlier signed and
his nephew i.e. his brother in law's son had the
affidavit signed by him on 15th July, 2020 when he was
in the hospital in Ghaziabad.
3. The status report has been filed by the SHO
Karawal Nagar which states that the Petitioner had six
mobile numbers. As per the status report, after an
analysis of the call data record of the Petitioner's
advocate, it does not appear that there was any call
between any of the Petitioner's numbers and the
number of the ld. counsel - Mr. Anurag Singh which
was given by him in Court on the last date.
4. In the present matter, as is evident from the previous
orders dated 27th July, 2020 and thereafter, the
Petitioner had approached this Court seeking bail by
filing a petition on 22nd July, 2020. The vakalatnama
was signed on10th July, 2020 and the matter was listed
on 27th July, 2020 before this Court seeking extension
of interim bail on which date bail was extended till 14 th
August, 2020. As the events thereafter unfolded, the
Petitioner absconded from the hospital on 15th July,
2020 itself, however, this fact was not brought to the
notice of this Court by the ld. counsel appearing on
27th July,2020. The Petition was filed on 22ndJuly,
2020 with an affidavit dated 15th July, 2020 i.e. the
date on which the Petitioner absconded from the
hospital. Accordingly, on 18th August, 2020 this Court
had issued non-bailable warrants against the
Petitioner. The Petitioner was re-arrested on 4th
September, 2020 and sent to judicial custody by the ld.
ASJ Karkardooma Courts.
5. Mr. Anurag Singh, Ld. counsel on the other hand,
submits that the Petitioner had voluntarily surrendered
and was not arrested by the police at all. He relies
upon the order passed by the ld. ASJ on 4 th September,
2020. Let the order be placed on record.
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
6. Considering the overall facts and circumstances of
this case, this Court is concerned about the fact that on
the day when extension of interim bail was granted, the
Petitioner had already absconded. The Court was not
informed of this fact and the Petitioner did not even
surrender when the bail period had expired. He finally
appears to have been re-arrested on 4th September
2020 after this Court had issued non-bailable
warrants. The bail petition having been filed and listed
before this Court on 27th July 2020, the counsels had a
duty to inform the court that the Petitioner had already
absconded from the hospital. Instead this Court was
categorically informed that the Petitioner was detected
with COVID-19 and was in a hospital in Ghaziabad. It
was under those circumstances that the interim bail
was extended. On the next date i.e. 18th August, 2020
when the Court enquired from counsels as to who was
giving them instructions, no proper answer was
forthcoming. If the counsels were aware of the fact that
the Petitioner had absconded and failed to inform the
same to this court, it is a matter of serious concern.
7. Today, the status report filed by the police is
received which does not provide sufficient information.
The petitioner who appears before the Court states
that he does not remember the name of the lawyer
whom he had engaged. He simply states that he had
signed the affidavit which was brought to him by his
nephew in the hospital on 15th July 2020. Accordingly,
it is deemed appropriate to direct the Registrar
(Vigilance), Delhi High Court to enquire into the
matter fully and place a report before this Court.
Specifically, the Registrar (Vigilance) would enquire
as to the timing of the filing of the bail application and
also whether the counsels were aware of the Petitioner
having absconded on 15th July 2020, prior to the
listing of the matter itself. The Delhi Police, Counsels
for Petitioner and Jail Authorities are directed to
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Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
extend complete cooperation to the Registrar
(Vigilance). Let the report be filed within eight weeks.
As is evident from the above order, this Court was not satisfied by the
status report filed by the SHO, PS, Karawal Nagar wherein it was claimed
that no call was exchanged between the counsel and the Petitioner. Since
the issues were of serious concern, the Registrar (Vigilance) was directed
to inquire into the matter and file a report.
Inquiry Report by the Registrar (Vigilance)
10. The report of the Registrar (Vigilance) has been received. The
Registrar (Vigilance) has conducted a detailed inquiry and has examined a
number of witnesses who are as under:
EW-1 Mr. Ankush Garg, Judicial Assistant, Filing Counter, High
Court of Delhi
EW-2 Mr. Aniket @ Nitin (nephew of the petitioner who was in
touch with Mr. Kataria)
EW-3 Mr. Narender Kasana (petitioner)(statement recorded from
Jail through videoconferencing)
EW-4 Mr. Anurag Singh (counsel for the petitioner)
EW-5 Mr. Anand Kataria (counsel for the petitioner)
EW-6 Mr. Ashu (nephew of the petitioner who was in touch with
Mr. Kataria)
EW-7 Dr. M.K. Chaudhary, Consultant Pathology, District MMG
Hospital, Ghaziabad (the doctor who attended to the petitioner on
15.07.2020)
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
EW-8 Mr. Abhishek Gurjar @ Ankur (nephew of the petitioner who
as per the hospital records brought him to the hospital on
15.07.2020).
EW-9 Dr. Suruchi Saini, Microbiologist, Integrated Disease
Surveillance Program (IDSP), Ghaziabad (the doctor under whose
hand allegedly the Covid-19 test report dated 13.07.2020 of the
petitioner filed with the bail application was issued).
EW-10 Dr. Pragya Prasad, Senior Consultant Pathologist, District
MMG Hospital, Ghaziabad, UP (The doctor who produced the
records pertaining to the Covid-19 test report of the petitioner dated
15.07.2020 issued by the lab of District MMG Hospital, Ghaziabad,
UP.)
EW-11 Mr. Ramavtar Tyagi, SHO Police Station, Karawal Nagar,
Delhi. (He made the status report qua the verification of documents
and mobile phone calls.)
EW-12 SI Love Deswal, Police Station, Karawal Nagar, Delhi (He
authored the letter seeking verification of documents from the
hospital)
EW-13 SI Amit Malik, Police Station, Karawal Nagar, Delhi (He
went to the District MMG Hospital, Ghaziabad, UP for verification
of documents filed with the bail application.)
EW-14 Mr. Ashish Kumar, Ward Boy, Surgical Ward, MMG
Hospital, Ghaziabad (Asper Nitin (EW2) he helped the petitioner to
get admission in the hospital and as per Ankur he had sent him the
photographs of the test report through WhatsApp to send to Mr.
Kataria.)
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
11. The Registrar (Vigilance) also recorded statements of these persons.
The findings in the said report show a sorry state of affairs surrounding the
present petition as also the role of the Petitioner, his counsels, police
authorities and the Hospital authorities. The findings of the inquiry report
are as under:
i. The Petitioner met the counsel Mr. Anand Kataria on 10th July,
2020 in the Karkardooma Courts Complex and signed the
vakalatnama.
ii. The Petitioner and his nephews namely Mr. Akash, Mr. Ashu,
Mr. Nitin and Mr. Ankur used six mobile phones among themselves.
iii. As per the medical records produced by the Hospital, the
Petitioner was admitted on the intervening night of 14 th/15th July,
2020 at 12:15 a.m. and absconded from the Hospital at 2:00 p.m. on
the same day. The reason for admission is shown as fever and there
is no mention of Covid-19 infection. One of the documents i.e., EW
7/A shows that upon admission he was not found at his bed the
temperature recorded of the Petitioner was 98 degree Fahrenheit and
the blood pressure record was 120/70 mmHg.
iv. The Consultant Pathologist EW-7 confirmed that the Covid-19
positive report was not shown at the time of admission, as, if he was
Covid-19 positive he would have been referred to a Covid-19
hospital.
v. The Covid-19 test report dated 15th July, 2020, when samples
were taken, during admission revealed that the report was in fact
negative.
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
vi. The affidavits of the Petitioner in support of the bail
application were signed on 15th July, 2020 i.e., the date he had
absconded.
vii. Counsels had wrongly claimed that they were not aware that
he had absconded when they had appeared on 27nd July, 2020.The
report reveals that the nephew Mr. Ashu collected the affidavits from
Mr. Anand Kataria at Khajuri Khas and returned the same at 2:00
p.m. There is discrepancy between the versions given by the two
nephews i.e., Mr. Ashu who took the affidavits from the counsel and
Mr. Nitin who stated to have got the affidavits signed by the
Petitioner.
viii. The version of the counsel Mr. Anand Kataria that he was not
aware of the Petitioner having absconded from the Hospital on 15 th
July, 2020 both on 27th July, 2020 and 13th August, 2020 is belied by
the fact that after the affidavits were received on 15 th July, 2020 by
the counsel till the first date of hearing on 27th July, 2020, there were
numerous calls between Mr. Anand Kataria and the above mentioned
telephone numbers which were used by the Petitioner and his various
nephews. The counsel's version was that he has only spoken to the
nephew on a few occasions, however, the CDR shows that the calls
were exchanged between the Petitioner on his mobile number
(9319559709) and Mr. Anand Kataria's mobile number
(8802879036). The details of the said calls are as under:
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
Date Number of calls Duration
exchanged (Approx)
13.07.2020 12 (besides 2 SMS) 15 minutes
14.07.2020 4 (besides 2 SMS) 8 minutes
15.07.2020 12 14 minutes
16.07.2020 to 22 (besides 3 SMS) 31 minutes
26.07.2020 (first date
of hearing on
27.07.20)
27.07.2020 to 57 103 minutes
12.08.2020 (second
date of hearing on
13.08.2020)
Total 107 calls 171 minutes
ix. The other calls exchanged between the counsel, Mr. Kataria
and the nephews of the Petitioner are as under:
A) Between Mr. Kataria (8802879036) and the mobile phone
number of Akash (9990978775), the nephew of the petitioner
Date Number of calls Duration
exchanged (Approx)
11.07.2020to 7 3 minutes
21.07.2020(first date
of hearing on
27.07.2020)
29.07.2020to 3 13 minutes
30.07.2020(second
date of hearing on
13.08.2020)
Total 10 16 minutes
B) Between Mr. Kataria (8802879036) and the mobile phone nos.
(8851469299 and 8076585890) of Ashu, nephew of the petitioner
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
Date Number of calls Duration
exchanged (Approx)
Mobile No. 8851469299
13.07.2020 3 3 minutes
27.07.2020(first date 1 27 seconds
of hearing on
27.07.2020)
28.07.2020 to 4 2 minutes
31.07.2020(second
date of hearing
on13.08.2020)
Mobile No.8076585890
27.07.2020 to 2 2 minutes
01.09.2020
Total 10 33 minutes
C) Between Mr. Kataria (8802879036) and the mobile phone
number (7017287132) of Nitin, nephew of the petitioner:
Date Number of calls Duration
exchanged
28.07.2020 to 30 (besides 2 SMS) 21 minutes
12.08.2020(second
date of hearing
on13.08.2020)
x. The nephew- Mr. Nitin in his statement to the inquiry Officer
admitted that he met the counsel at Khajuri Khas which is the
counsel's residence several times between 15th July, 2020 and 27th
July, 2020. One significant revelation that he made to the inquiry
Officer was that he went with the Petitioner to the office of the
counsel on the night of 15th July, 2020 i.e., the day he has absconded.
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
The relevant portion of the report confirmed the same and is set out
below:
"7.5 It is further important to note that Nitin
(EW2) in his statement has admitted that he met
Mr. Kataria with the petitioner in Khajuri Khas
many times between 15.07.2020 and
27.07.2020 and that he went with the petitioner
to the office of Mr. Kataria on the night of
15.07.2020..."
xi. The inquiry report also confirms that the location of the
mobile numbers reveals that on 15th July, 2020, 16th July, 2020 and
21st July, 2020 for various durations, the Petitioner's mobile location
was at Khajuri Khas, especially in late evenings. The counsel spoke
several times from 15th July, 2020 till first date 27th July, 2020 and
thereafter even till 13th August, 2020 with the Petitioner and his
nephews. Another important fact revealed in the inquiry was that in
the Hospital admission slip it shows that the Petitioner was brought
by Mr. Ankurhis nephew to the Hospital and from outside the
Hospital the Petitioner and his nephew called Mr. Anand Kataria
who advised the Petitioner to get admitted. There were six calls
exchanged at that time with the counsel, during the time of
admission.
xii. Covid-19 test report: The Covid-19 test report reveals that it
was purportedly signed by one Dr. Suruchi Saini, however, she was
examined as EW-9 and has confirmed that she has not issued the test
report and the same was also not authentic. The Hospital records
were produced before the inquiry Officer to show that the
Petitioner's sample was not taken on 8 th July, 2020. She had
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Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
categorically ascertained that the same was a fabricated document.
Since the third column i.e., the Lab ID was not mentioned which was
compulsorily to be filed in the Covid-19 patient, it is clear that the
report was forged.
xiii. Manner of procuring the test report: The inquiry Officer,
further, looked into the question as to how the said fake test report
was issued with the seals of the Hospital. The counsel claimed that
the report was received from one of the nephews of the Petitioner
along with the admission slip, however, he could not prove the same
from his phone records. The colleague of Mr. Anand Kataria, Mr.
Anurag Singh showed a WhatsApp message he received from his
colleague on 13th July, 2020 with the test report which was filed with
the interim bail initially at the Karkardooma Courts and thereafter
before this Court. As per the inquiry report, the Covid-19 test report
was arranged by one Mr. Ashish who was working as a nursing
assistant at the Hospital. The report, thus, appears to have been
procured with the help of an insider in the Hospital. Mr. Ashish
Kumar was a ward boy working in the Hospital who was in touch
with the Petitioner on 13th July, 2020 itself prior to his admission.
There were more than 200 calls exchanged between Mr. Ashish
Kumar and the Petitioner and also his nephews. The counsel for the
Petitioner Mr. Anand Kataria had made a call to the nursing
assistant- Mr. Ashish on 13th July, 2020 for 77 seconds.
xiv. Status report filed by the Petitioner: The status report filed by
PS Karawal Nagar shows that the Covid-19 report was verified,
however, in fact the same was not at all verified properly from the
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
appropriate authorities i.e., the Integrated Disease Surveillance
Program (IDSP), Ghaziabad. The report was not issued by the
Hospital. Hence the police had failed to verify it from the
appropriate authority. The police authorities seem to suggest that
when the constable visited the Hospital on 13th August, 2020, he
could not find any doctor or staff member since the report had to
urgently filed, it was stated in the report that the Covid-19 test report
was verified.
Submissions by the ld. Counsel appearing for the Petitioner's lawyers:
12. Mr. Abhijat, ld. counsel appeared for Mr. Anand Kataria and Mr.
Anurag Singh, counsels who appeared for the Petitioner in this matter. He
submitted that insofar as Mr. Anurag Singh, ld. counsel is concerned, the
inquiry report submitted by the Registrar (Vigilance), Delhi High Court, as
per the order dated 12thOctober, 2020, itself concluded that he may not be
in the knowledge of the fact that the Petitioner was not admitted to the
hospital or that he had absconded. Insofar as Mr. Anand Kataria is
concerned, it was submitted by Mr. Abhijat, ld. counsel that the mere fact
that he had exchanged approximately 40 calls between 15 th July, 2020 to
27th July, 2020 cannot lead to the conclusion that the counsel was aware of
the fact that the Petitioner had absconded from the hospital. On behalf of
Mr. Kataria, Mr. Abhijat, ld. counsel submitted that he expresses enormous
remorse and regret for what has happened in this matter. He further
submitted that as a counsel, Mr. Kataria never intended to mislead this
Court.
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
Submissions by Counsel for the Police
13. Insofar as police is concerned, Mr. Rahul Mehra, ld. Standing counsel
submitted that the PSO, Mr. Amit Malik, Karawal Nagar had approached
Dr. M.K. Chaudhary at the Hospital. Though he could have done a detailed
inquiry further, however, he went by the response given by the hospital
without doing the detailed investigation. Mr. Ankit Kumar, SI had done the
verification of the documents and the SHO Ram Avatar Tyagi had only
filed the status report. The SI was accompanied by constable Mr. Jai
Prakash and because of non-availability of the doctor, at that stage, they did
not acquire information that the report was forged.
Analysis and Conclusions
14. Heard and perused the records as well as the Inquiry
Report. A perusal of the inquiry report along with the detailed statements
and the other records obtained from the various authorities which have
been annexed therewith, shows that the Petitioner and his nephews have all
coordinated with the counsel and have fabricated the test report and placed
incorrect/false facts before the Court. The Petitioner himself has made
false statements on oath in the bail application. The Petitioner was actually
Covid-19 negative as per the Hospital's record. The fact that he absconded
was hidden from the Court on 27th July, 2020 when the date for surrender
was extended. The counsel Mr. Anand Kataria was clearly aware of all the
facts right from the beginning. He had spoken to the nursing assistant, Mr.
Ashish who was finally found to be the person who prepared the fabricated
test report. The said counsel had made incorrect statements or instructed his
colleague wrongly, to make statements before the Court that counsels were
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Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
not in touch with the Petitioner and were not aware that he has absconded.
In fact, the report reveals the contrary. The Petitioner along with his
nephew appears to have met the counsel Mr. Kataria, on the night of 15th
July, 2020 after absconding from the Hospital. Even thereafter, hundreds of
calls have been exchanged between the Petitioner, his nephews and the
counsel Mr. Anand Kataria and Mr. Ashish. The assurance given to the
Court on 27th July 2020, "that immediately upon his discharge from the
hospital, the Petitioner would surrender" was a false representation made
to the Court, knowing fully well that the Petitioner had already absconded.
This Court is prima facie of the opinion on the basis of the inquiry report as
also the chronology of events which transpired before the Court from the
date of first listing of the bail application till the Petitioner was rearrested
that the Petitioner, his nephews and the counsel Mr. Anand Kataria were
fully involved in making false statements before this Court, completely
misleading the Court and obtaining orders for extension of the date of
surrender on the basis of false and incorrect facts as also forged and
fabricated documents. The Covid-19 report has been refuted by the
authorities concerned, who have confirmed that it is forged and fabricated.
The Petitioner, in fact, did not suffer from Covid-19. The events i.e., the
admission of the Petitioner to the Hospital along with the filing of the
fabricated test report goes to show that the same was stage managed. The
police authorities have also been callous in the filing of the status reports
and confirming that the Covid-19 test report is genuine. The police have
also failed to properly analyse the CDR records despite specific directions
from the Court.
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
15. There is a need to take a very strict view of the matter. The findings
of the inquiry report are extremely revealing and telling. The same are set
out below:
Conclusions of the Inquiry Report:
"12 To conclude, the findings of this inquiry are
summarised as follows:
(i) On 17.07.2020 when the bail application of the
petitioner was filed for the first time and subsequently
when the bail application of the petitioner was filed
again on 23.07.2020 and re-filed on 24.07.2020 and
heard for the first time on 27.07.2020, as per the
medical record (Ex.EW7/A) of the petitioner, contrary
to the claim in the bail application, the petitioner was
neither suffering from Covid-19 infection nor
admitted in any hospital on the said dates.
(ii) The Covid-19 test report (Ex.EW4/C) of the
petitioner filed with the bail application, as per the
statement of Dr. Suruchi Saini (EW9), is a forged
document.
(iii) As per the medical record (Ex.EW7/A), the
petitioner was admitted in the District MMG Hospital,
Ghaziabad, UP on 15.07.2020 at 12:15 am and was
found absconding from the hospital at 2:00 pm, the
same day.
(iv) The fact that the medical record (Ex.EW7/A) of
the petitioner shows that the admission in the hospital
was not because of Covid-19 infection but fever;
nothing abnormal was detected in his health
parameters; he was missing from the hospital bed
during the period of admission; he absconded from
the hospital barely within 14 hours of the admission
and; the Covid-19 test report of the petitioner dated
15.07.2020 (test done after he was admitted) was
negative, show that apparently the admission was got
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Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
managed by the petitioner only for the purpose of
securing the record of admission in order to get bail.
(v) The two affidavits of the petitioner filed with the
bail application and petition under Section 482
Cr.P.C were apparently sent for getting the signatures
of the petitioner (EW3) by Mr. Kataria (EW5) through
his nephew Ashu. These as stated by Mr Kataria were
returned back after getting the signatures of the
petitioner to him by Ashu around 2:00 pm on
15.07.2020. Significantly, the CDR (Ex.EW11/C) of
the mobile phone of Mr. Kataria show that there was
exchange of calls between Mr. Kataria and the
petitioner on the said date even after the affidavits
were claimed to have been signed. Also the CDR
(Ex.EW11/C) of the mobile phone of Mr. Kataria
show that from 15.07.2020 till the first date of hearing
on 27.07.2020 there were 34 calls exchanged between
the petitioner and Mr. Kataria and 6 calls exchanged
between Mr. Kataria and the mobile phone used by
his nephew Akash, showing they were constantly in
touch with each other, thereby making it difficult to
believe that Mr. Kataria was unaware that the
petitioner was not admitted in the hospital on the first
date of hearing, i.e., on 27.07.2020 or second date of
hearing, i.e., 13.08.2020. However, there has nothing
come forth in the Inquiry to presume or hold that Mr.
Anurag Singh was aware about the petitioner not
being admitted in the hospital on the first date of
hearing, i.e., on 27.07.2020 or second date of
hearing, i.e., 13.08.2020."
The report submitted by the Registrar (Vigilance) has set out the various
facts in such intricate detail that this Court is fully satisfied that a case is
made out for a detailed enquiry by the Magistrate in accordance with law
and for registration of an FIR.
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
16. The facts set out above and the contents/conclusions in the Inquiry
Report, reveal that the Petitioner, his nephews and the counsel- Mr. Anand
Kataria have been complicit and have colluded with each other. They have
made deliberate attempts to mislead this Court. Clearly, the police
authorities also appear to have not performed their duties as was required
and expected of them in verifying the CDR records as also the Covid-19
test report. However, whether the conduct of the police was with a criminal
intent or in collusion with the Petitioner/his nephews and his counsel, is not
clear at this stage.
17. Insofar as the counsel-Mr. Anurag Singh is concerned, he is a
colleague of Mr. Anand Kataria. Mr. Anurag Singh has appeared before
this Court and even from the inquiry report it is clear that he had no role to
play in either the forgery or the fabrication or the placing of facts before
this Court. He has clearly gone on instructions from Mr. Anand Kataria,
his colleague.
18. In the administration of the criminal justice, all authorities have a
very important role to play viz., parties, counsels, police authorities,
hospital authorities, jail authorities etc., It hardly needs reiteration that
parties who come to Court have to come with clean hands. Especially
during the pandemic, the Courts have been empathetic and compassionate
towards persons who have been infected with Covid-19. Thus, to encash
upon this empathy of Courts and to place on record forged and fabricated
test reports is not condonable, at all. Moreover, the incorrect and
misleading statements made before this Court claiming lack of knowledge,
when clearly it is shown from the inquiry report, that the Petitioner had met
one of the counsels on the day when he had absconded and has been in
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Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
touch with the said counsel even thereafter, reveals the intent to obtain
extension for surrender by misleading the Court. The practices adopted in
this case, by the Petitioner, his relatives, one of the counsels as also the
callousness of the police authorities, clearly reveals the underbelly of the
practice of criminal law. Counsels who appear in such matters have a
greater duty towards the Court to ensure that the majesty of the Court is not
lowered and that Courts are not misled into passing orders based on forged
and fabricated documents and misleading/misrepresentative facts. The
faith of Courts in counsels would be completely eroded if such conduct is
indulged in by counsels.
19. The conclusions of the Inquiry Report are extremely telling.
Administration of criminal justice would be severely jeopardized if such
illegalities are condoned or if apologies given are accepted, when such
brazen conduct is revealed. This Court is clearly of the opinion that all
persons concerned need to be proceeded against with, in accordance with
law. Accordingly, in exercise of powers under Section 340 Cr.P.C. read
with Section 195 Cr.PC., this Court directs the worthy Registrar General to
refer the matter to the Court of the concerned Judicial Magistrate to
conduct an inquiry and proceed in accordance with law against the
Petitioner- Narender Kasana @Narendra Kumar, his four nephews-Mr.
Akash, Mr. Ashu, Mr. Nitin and Mr. Ankur; Mr. Ashish, the nursing
assistant at the District MMG Hospital and the counsel- Mr. Anand Kataria.
The role of the police authorities would also be inquired into by the
concerned Magistrate. Upon conducting an inquiry, the Magistrate would
direct registration of an FIR, in accordance with law. Needless to add that
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Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:03.06.2021
17:50:56
the observations in this order are prima facie in nature, based on the
chronology of events that transpired as also the Inquiry Report.
20. The inquiry report along with all the annexures would be transmitted
to the concerned Judicial Magistrate.
21. This Court places on record its commendation to the Registrar
(Vigilance) for conducting such a thorough inquiry and placing of the
necessary documents along with the inquiry report.
22. A scanned copy of the inquiry report and all the annexures, be
retained with the electronic record of this case, before being transmitted the
Judicial Magistrate, if not already done.
PRATHIBA M. SINGH
JUDGE
JUNE 3, 2021
dj/RC
