New Delhi:The Supreme Court on Wednesday refused to direct CBI to register cases against former Congress MP M K Subba, though the investigating
agency made a series of charges against him. A bench comprising Chief Justice K G Balakrishnan, Justice P Sathasivam and Justice B S Chauhan left the matter to CBI to lodge appropriate cases against the three-time MP. CBI in its reports submitted to the apex court had indicted Mr Subba for obtaining his birth certificate in a fraudulent manner.
"The verification undertaken has revealed a prima-facie commission of cognisable offences punishable under Section 420 (cheating), 468 (forgery), 471 (using forged document as genuine) and 193 (giving false evidence in judicial proceedings) of IPC and Section 12 of the Passports Act, on the part of Subba and others,” CBI said in one of its report.
It had submitted three reports in response to the court order which came on a PIL alleging that lottery baron Subba had come to India after a murder case was registered against him in Nepal in the early 1970s.
The petitioner’s counsel pointed to CBI’s reports on the nationality of Mr Subba to ask the apex court to direct it to lodge cases against him. Advocate A K Sinha, appearing for petitioner, a Noida resident, said, when the three reports of CBI clearly indicated that there was a clear case of forgery made out against the Congress leader, the apex court should not hesitate to order registration of a case against him by CBI. He said the case in hand was one of perjury as Mr Subba violated all democratic norms.
The bench said, "we are not going to give direction to CBI for lodging of FIR but you (petitioner) are at liberty to take initiative with CBI for taking action against him on the basis of reports. The reports are against him."
The court, which wanted to close the matter, was, however, persuaded by advocate Sinha to keep the case pending as CBI had swung into action only on its order to verify the documents made available by Mr Subba to prove his Indian nationality. The former MP had claimed that he was born in Dadgram village in Darjeeling district of West Bengal and his parents had migrated from Singtam village in Sikkim.
The PIL had alleged that he changed his name from Mani Raj Limbo to Mani Kumar Subba after leaving Nepal.