The Allahabad High Court has taken a significant step in a case involving a disputed affidavit, directing the Senior Registrar of the Court to investigate the authenticity of the document.
In the matter between Jaikar Pandey and 2 Others versus Mustaqeem Ahmad and 3 Others [WRIT – A No. – 771 of 2024], the Court has initiated proceedings to ascertain whether the petitioner was physically present before the Oath Commissioner when an alleged affidavit was sworn, pledging to vacate premises.
The case stems from a previous legal proceeding where the petitioner’s counsel submitted an undertaking asserting that the petitioner would vacate the disputed premises. Subsequently, the petitioner filed a recall application against an order purportedly influenced by this affidavit, which the petitioner claims was forged. Additionally, a contempt application was filed against the petitioner by the respondents, which remains pending.
Challenging the authenticity of the affidavit, the petitioners filed a writ petition contending that they never provided such an undertaking before the Court. They asserted that their advocate had requested them to sign on blank papers, which were later used to prepare the affidavit.
In response to these allegations, Justice Abdul Moin directed the Senior Registrar to submit a report after verifying the register of the Oath Commissioner. This report aims to confirm whether the petitioner was indeed present at the time of the affidavit’s execution, as indicated by the register. Furthermore, the Court has authorized the Senior Registrar to review relevant CCTV footage if necessary to ascertain the facts. The case has been scheduled for further proceedings after a period of two weeks.