New Delhi, July 28: The Supreme Court on Monday quashed an FIR against badminton player Lakshya Sen, his family members and coach in the birth certificate forgery case.
A bench of Justices Sudhanshu Dhulia and Aravind Kumar said the continuation of criminal proceedings against Sen was an abuse of the process of court.
The top court observed the very allegations that were examined and debunked by competent authorities were now being sought to be revived as it ruled out any fresh evidence meriting reopening of the inquiry.
“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.
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 top court observed the SAI, upon receiving complaints, initiated a verification process in 2016, which included medical testing and factual inquiries.
The players were stated to have undergone bone ossification and dental tests at government-run hospitals including AIIMS, Delhi.
Complainant M G Nagaraj alleged birth certificates of Sen and his brother Chirag Sen were forged. (PTI)