Relief for Lakshya Sen in birth certificate forgery case
Justices Sudhanshu Dhulia and Aravind Kumar observed that there was no merit in reopening the case against Lakshya Sen based on evidence that has already been examined and debunked by competent authorities.
The Supreme Court dismissed an FIR against Lakshya Sen, his family and coach over forgery of his birth certificate on Monday, noting that continuation of proceedings without any fresh evidence was an abuse of the process.
Justices Sudhanshu Dhulia and Aravind Kumar observed that there was no merit in reopening the case based on evidence that has already been examined and debunked by competent authorities.
"The appellants, particularly appellant 1 and 3, are sportspersons of national standing, having represented India in international badminton tournaments and having earned multiple accolades, including medals at the Commonwealth Games and BWF international events," the court said.
"To compel such individuals who have maintained an unblemished record and brought distinction to the country through sustained excellence, to undergo the ordeal of a criminal trial in the absence of prima facie material would not subserve the ends of justice."
Complainant M G Nagaraj alleged that Sen and his brother Chirag's birth certificates were forged, for them to be eligible to participate in age-restricted badminton tournaments and avail government benefits.
Nagaraj added that Sen's parents Dhirendra and Nirmala Sen, along with his brother, coach, and an employee of the Karnataka Badminton Association falsified the birth record to reduce their age by around two-and-a-half years.
The Supreme Court said that the Sports Authority of India (SAI) had initiated a verification process in 2016 after receiving complaints, including medical testing, factual inquiries, along with bone ossification and dental tests at government-run hospitals.
"The findings of these tests supported the birth years as recorded in official documents. On that basis, the SAI closed the matter. The CVC, an independent oversight body, was also seized of the issue and recommended no disciplinary proceedings against D K Sen. These findings were accepted by the relevant authorities and have not been set aside or reopened," the bench said.
Since the results of these tests haven't been questioned, the invocation of criminal law would mean abuse of the porocess that the court couldn't allow, the bench of Dhulia and Kumar said.