Court orders FIR to investigate allegation of forgery against first transgender councillor of Delhi

New Delhi [India], August 3 : Rohini District Court on Saturday directed Delhi Police to register an FIR and investigate the story behind two reports in relation to a caste certificate issued to the first transgender councillor of Delhi, Bobi Kinnar, from the office of Tehsildar of Dadri, UP.
The complaint was filed by Varuna Devi, who lost the MCD election against Bobi. It is alleged that Bobi used forged/fabricated caste certificate allegedly issued from Gautam Budh Nagar, UP in March 2017 to get issued a new caste certificate from Delhi to file her nomination in MCD election from Sulatanpuri ward seat which was reserved for woman from SC community.
During the hearing, contradictory reports regarding the issuance of caste certificates from UP were placed on record.
Judicial Magistrate (First class) Sanya Dalal said in the order, "Now, it is pertinent to note that two reports qua the same certificate in question have been presented by the same office, i.e., the Office of Tehsildar Dadri and they are completely contradictory in nature."
"The report filed by Lekhpal, a revenue officer, has been filed along with the supporting affidavit and alike the report of the investigating officer, there is no reason to disbelieve the said report as well," the court observed.
Hence, this court is of the view that a detailed investigation into the matter is required to unearth the entire story behind two different reports of the same office, as well as in view of a prima facie case, since commission of cognizable offence is made out, Judicial Magistrate Sanya Dalal said in the order passed on August 3.
The court allowed the application filed by Varuna Devi, directed the SHO Sulatanpuri to register an FIR and said, " In view of the above, the application under consideration is allowed and SHO concerned is directed to register FIR under appropriate section of law without being influenced
by the sections mentioned in the complaint and take up the investigation and file appropriate report after investigation."
The court made it clear that this order is not a direction to SHO to immediately arrest the accused. The police should first investigate the matter and find out whether actually any offence has been committed or not, the court said.
The allegations made by the complainant are that a false Caste Certificate was illegally obtained from Tehsildar District Gautam Budh Nagar bearing certificate on March 3, 2017 and within 5 days of the same, a second Caste Certificate was issued from an authority at Delhi.
It is the case of the complainant that the second Caste Certificate has been issued on a
false/fabricated document. To support the same, the complainant has relied upon the report of Lekhpal and the contents of the present complaint which have been filed alongwith an affidavit.
The court took note of the report prepared/forwarded by Tehsildar Dadri dated 03.07.2023 and 27.06.2023, the record qua the Certificate No 101174000433 dated 03.03.2017 was not found to be available when the online verification/enquiry for the same was conducted by Tehsildar.
Further, the certificate applicant was not found to be residing at the address mentioned on the certificate qua which 3 persons have been examined.
As per the report of Lekhpal dated 27.06.2023 which was duly forwarded by Tehsildar Dadri, on 03.07.2023, the applicant was not found to be residing at the address of Santosh Nagar Colony. Further, as per the online verification/enquiry, the record qua the said certificate was not found.
At the same time, the court also took note of the Action Taken Report (ATR) filed by the investigation officer (IO) dated 28.02.2024, the Certificate bearing no. 101174000433 dated 03.03.2017 was stated to be issued from the Office of Tehsildar Dadri and the said report was duly forwarded by Tehsildar Dadri as well as by the SDM concerned.
As per the complainant, the accused not only presented herself be woman but also a member of scheduled caste community. It is the case of the complainant that the accused in her nomination paper has relied upon the caste Certificate No. 90510000223362 dated 08.03.2027 issued
by Revenue Department to claim herself to be a member of scheduled caste.
The court listed the matter for further hearing on August 9.