The Supreme Court on Monday dismissed an FIR against badminton player Lakshya Sen, his relatives and his coach in the birth certificate forgery case. A bench of Justices Sudhanshu Dhulia and Aravind Kumar declared that the continuance of criminal proceedings against Sen was an abuse of the process of court. The highest court noted the very charges that were investigated and disproved by capable authorities were now being attempted to be reinstated as it dismissed any new evidence warranting reopening of the inquiry.
Court Condemns Ordeal for Athletes with “Unblemished Record”
The top court went on, “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.” The invocation of criminal law in such circumstances, the bench held, would amount to an abuse of process, which this court cannot countenance.
The highest court noted the Sports Authority of India (SAI), on receiving complaints, opened a process of verification in 2016, involving medical tests and factual questioning.
The players had allegedly undergone dental check-ups and bone ossification tests at government facilities such as AIIMS, Delhi.
“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.
Allegations of Fabrication and Karnataka HC’s Involvement
There were allegations by complainant M G Nagaraj that Sen’s and his brother Chirag Sen’s birth certificates were fabricated.
The Supreme Court was considering a plea challenging a February 19 order by the Karnataka High Court dismissing Sen’s petitions, as well as those made by his family members and coach U Vimal Kumar.
The high court had prima facie evidence, indeed, to direct an investigation into the case.
Alleged Forgery and Claims of Age Manipulation
Nagaraj implicated Sen’s parents Dhirendra and Nirmala Sen, his brother, coach, and a Karnataka Badminton Association employee in tampering with the birth certificates.
The accused allegedly tampered with the birth certificates of the Sen brothers, lowering their age by about two-and-a-half years, according to the complaint.
The so-called forgery was meant to enable them to take part in age-restricted badminton competitions and benefit from government schemes.
Nagaraj backed his allegations using documents received under RTI Act and petitioned the court to order original records from SAI and the Ministry of Youth Affairs and Sports in New Delhi.
Following evidence provided, the court ordered the High Grounds police station to investigate.
The police then filed an FIR under Sections 420 (cheating), 468 (forgery), and 471 (misusing forged documents as real) of IPC.
Interim Relief and Allegations of Harassment
The petitioners approached the Karnataka High Court in 2022, obtaining an interim order, which put the investigation on hold.
They claimed that the complaint and subsequent FIR were frivolous, motivated, and filed to harass them.
Nagaraj was said to have resorted to personal vendetta, when his daughter had sought admission to the Prakash Padukone Badminton Academy in 2020 but could not be shortlisted after the selection process.
One Kumar, a coach at the academy, was mentioned in the complaint.
The high court, dismissing the petitions, noted the petitioners’ counsel did not make submissions despite being provided ample opportunities.
