NEW DELHI, March 28: District and Sessions Judge M.A. Khan has issued orders to Metropolitan Magistrate (MM) S.S. Handa to report to the police about the `fake' summons reportedly issued to a Bihar-based scribe. The order is a follow-up to the inquiry report submitted by MM Handa.The report had acknowledged that the summons were issued by the court.While observing that the matter is a serious one, the Khan said: ``Let the report be made to the police by the presiding magistrate for investigation and for punishing the culprit. Action must be taken on priority.''
Handa had conducted an inquiry into the matter after an order from Khan. The report, prepared after completing the inquiry, was submitted to the District and Sessions Judge. It read: ``Summons meant for the witness have been sent under the purported stamp of this court. However, there is nothing to conclude that there is connivance of the court staff.''
The report also says that the seal on the fake summons belonged to the court, adding: ``It is a misuse of the process by some unknown person.'' The District and Sessions Judge told Express Newsline: ``It is a serious matter. And we should make it sure that it is not repeated.''
According to him summon papers are printed in the government press. He says: ``A court receives the stationary as and when required. There are some persons who visit the court to play pranks and take advantage of the pressure under which the court functions.''
Following Khan's order, MM Handa questioned the scribe, Dinesh Kumar, and his three court staffers, including the reader and the assistant. The staff members reportedly said they recognised the seal. When asked about it earlier, they had denied it.
Handa has also submitted to Khan that the summons do not bear his signatures but a scribbled letter.
On March 12, 1999, Azad -- working with the daily Araywart, received the summons by post. The summons were purportedly issued from the court of Metropolitan Magistrate Handa. The summons accused Dinesh Kumar Azad of ``dishonouring a check, misappropriation, criminal conspiracy and cheating.'' Since it carried a court seal and a bore a signature with the Magistrate's seal, Azad reached Delhi on March 18.
But Dinesh Kumar Azad kept waiting and was never called. He approached the staff, who said they did not know anything about the summons. Azad went to the Magistrate and informed him about the summons. Handa declared that the summons did not carry his signatures.
He also assured Azad that the court did not require him in connection with the case. Metropolitan Magistrate Handa accepted an application letter moved by Azad's counsel Jitender Kumar and signed it giving them written assurance that the summons were definitely fake.
Following this, Azad moved an application in the court of District and Sessions Judge M.A. Khan, requesting him to order an inquiry into the incident.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.