Sharma Sharma
Asked July 15, 2016

Use of fake certificates

  • 1 Answer
  • 306 Views

Subject: Exposing Fake Domicile /Resident Certificate in Haryana Dear Lawyer, There is potential fake domicile certificate issued by Haryana Govt. under Distt- Yamnunanagar Here are my points- 1. This Domicile certificate is issued to a married woman in Year 2012 on basis of her parents have property in Haryana and woman is dependent on parents. 2. Woman married to a person of Uttar Pradesh in year 2011 , one year before getting domicile certificate, but living separately from husband since marriage. 3. Parents of woman living outside Haryana, in a city of Uttar Pradesh from long i.e. 20-30 years, but still hold properties & house in Haryana. 4. For the sake of obtaining domicile certificate woman get voter id in 2012 of Haryana-Yamnunanagar.(Currently that Voter-ID doesn’t exist.) Contradict- 5. Parents holding voter -id cards of Uttar Pradesh since long. 6. Woman submitted an affidavit in court in Uttar Pradesh in 2015 claiming that she is living with her parents in Uttar Pradesh since 2011. 7. Birth place of women in Uttar Pradesh. 8. High School & Intermediate attended by women from Uttar Pradesh. 9. Importantly, Passport issued in 2010, have address of Uttar Pradesh, where parents were living. 10. Jurisdication of PAN Card issued to woman belong is same City of Uttar Pradesh. I have documents related to points 5 (parents voter-ids), 6 (passport), 7, 8, 9 & 10. Please let me know what your views on that. If you think there are enough basis to file fake domicile certificate case then, please contact me , I will provide you supported documents. If you think, still there are some additional documents requirement besides 5-10, then please let me know. FYI. 1. I am trying to obtain previous years (2008-1016) Voters List from both addresses (Haryana & Uttar Pradesh) under consideration. 2. Also trying to Ration Card (PDS) details of previous years (2008-1016), which certainly make extra evidences as I know woman was using relative address of Haryana prior to 2012. 3. I am trying to get such cases from same District-Haryana, where candidates issued such Domicile certificate by enrolling only 1 year in constituency. Please suggest how can I proceed to file the case. What will be the parties. Who can become contender. What will be the court. Whether any advocate can file PIL for exposing similar cases from same area. Shall I file only one criminal case against the woman. What additional documents/proofs I should obtain for this. Do first I have to prove parents have permanent resident of Uttar Pradesh & then establish that woman is dependent and loving in Uttar Pradesh. Or I can directly approach court siting Passport as valid ground of evidence of Address. & if person living in 2010 in Uttar Pradesh, how come she get Domicile certificate in 2012 from Haryana. Also Howcome PAN & Passport issued to person from UP, that means person was somewhere in UP during that time an offcourse there would be documented proof i.e. Voter ID & Ration Card Details. FYI..so far, Using RTI ,I couldn't get VoterList & Ration Card details for year 2010-16 for both the addresses, although I am trying to get it from some local politicians/links.

Answer 1

Since the affidavit by the woman clearly states that she has been a resident of Uttar Pradesh and not of Haryana, one of the major essentials for domicile acquisition is missing in this case. In the domicile application form by the Haryana Government[1], the applicant needs to declare (s)he has been a resident of Haryana, along with the number of continual years for such residence. Moreover, as per the domicile rules in the state of Haryana[2], a woman may also acquire a domicile through her husband’s property, however, nowhere is parents property included as an accepted document.

In this case you may directly approach the Magistrate against the woman under S. 417, S. 420 and S. 468 of the Indian Penal Code, 1860. If the woman furnished false statements and documents for acquiring domicile certificate then you may file a suit for cheating under S. 417 of IPC[3], according to which she may be  punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Moreover, if such cheating helped her receive the domicile certificate, which is capable of presenting several benefits for the woman in the field of education, jobs etc, then she may also be charged under S. 420 of IPC[4], whereby she may be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Moreover, if the woman presented such fake information for the purpose of deceiving the authorities, then she may be charged for forgery under S. 468 of IPC[5], as per which she may be punished with imprisonment of either de­scription for a term which may extend to seven years, and shall also be liable to fine.

In this case you would be the petitioner and this being a criminal case, the State of Haryana would be the respondent.

Since domicile certificates act as favouring or beneficial documents for the purpose of region centric education, jobs etc., fake domiciles may provide undue advantage to persons who are not rightly entitled to such perks or benefits. Hence, if you are able to establish issuance of several fake domicile certificates then a PIL may be filed before the Punjab and Haryana High Court, Chandigarh or directly the Supreme Court. Such a PIL may be filed by any person or advocate, keeping in mind the benefit of the people.

 

[1] Available at: http://haryanaforms.nic.in/dwd/form/Residential.pdf

[2] Available at: http://haryanaforms.nic.in/dwd/Chk/12.pdf

[3] Available at: https://indiankanoon.org/doc/105503/

[4] Available at: https://indiankanoon.org/doc/1436241/

[5] Available at: https://indiankanoon.org/doc/556166/

Agree Comment 0 Agrees 11 months ago

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