Date : 23.03.2015
- The chief Justice of Karnataka
High Court of Karnataka
- Administrative Judge
for Dakshina Kannada,
High Court Complex,
Bangalore – 01
Sub : P.C. No.29/2012 in the Court of The J.M.F.C. (II Court) Mangalore
Catholic Association of South Kanara
(CASK), represented by its President,
Dr. Derek Lobo …. Complainant
- Justice Michael F. Saldanha,(Retd. High Court Judge)
- P.B. D’Sa
- Sathish Vaidya
- D.V. Dwaraknath
- B.V. Seetharama …. Accused
APPLICATION FOR PROSECUTION OF THE COMPLAINANT AND HIS LD. ADVOCATE FOR THE OFFENCES OF FORGERY, USER OF A FORGED DOCUMENT AND FRAUD ON THIS HON’BLE COURT
I, P.B D’Sa, cited as the Accused No.2 above named, Indian Inhabitant, aged about 75 years, state as follows:
- I say that I am a Senior Citizen and that at all relevant times, I was the President of the Peoples Union for Civil Liberties (PUCL).I say that I am not dealing with the merits of this Complaint which I respectfully submit is an abuse of the process of this Hon”ble Court. I say that during the last one year, I have suffered serious health problems that have required hospitalization and even major surgery. I say that I am under heavy medical treatment and that I am bedridden and confined to my residence.
- I say that at no time, was I served with the process from this Hon’ble Court. Both the Complainant and his Ld. Advocate know me personally. I say that it is a requirement of Law that the Complainant, this being a Private Complaint, has to accompany the P.C. with the Summons and identify the Accused who is then required to be served by the P.C. who has to record his name and No. and confirm the service on the Summons. I say that at no time, was this procedure complied with.
- I say that while I was bedridden on 29th December 2014, the Accused No.5 who is well known to me telephoned me and told me that he had attended the Court on that day as he was the only person who had been served. The Complainant and his Ld. Advocate falsely informed the Court that I had been served and had “defiantly remained Absent”. They prayed for the issue of a Non Bailable Warrant against me after pointing out a forged signature on the Summons and got an NBW issued. On being informed of this, I was required to come to the Court in a lying down position and get the Warrant cancelled. When it was pointed out that I had not been served, I was confronted with the copy of the Summons on which some scribbling has been forged. This is an extremely serious case and the matter has been reported to the Principal District & Sessions Judge, requesting that the forged document be kept in safe custody and that a prosecution be directed against the persons responsible, as also to the Hon’ble Chief Justice for appropriate Administrative Action.
- I submit that the forged signature affixed on the Summons, the use of the forged document in a Judicial Proceeding and the fraud played on this Hon’ble Court in getting the Non Bailable Warrant issued are serious Criminal Offences affecting the administration of Justice and that it is in the public interest that the persons responsible be prosecuted. I submit that it is a per-se case of Contempt of Court and professional misconduct which is required to be reported to the Hon’ble High Court for action under the Contempt of Courts Act as also to the Bar Council of Karnataka for Disciplinary Action.
- I respectfully submit that apart from directing the document to be retained in safe custody that this Hon’ble authority should be pleased to direct the Commissioner of Police, Mangalore to register an FIR against the persons concerned and to proceed according to Law.
- I surrendered before the Court on 02.01.2015 though my health was in a precarious condition to recall the warrant
- In spite of the same Tuesday the 3rd of Feb, 2015 two Police men visited my house to arrest me when I had gone out to see my Doctor. They informed my wife about the arrest warrant. Since I had already complied with legal requirement I did not bother to contact the Police. However, I request you to probe into this serious lapse on the part of the Judiciary and take necessary steps to punish the guilty.
- Further, I would like to inform you that I have brought this incident to the notice of Presiding officer of the J.M.F.C. Court II Mangalore already by my letter dated 14.01.2015 sent by RPAD. In spite of this letter the Police visited my house to arrest me, which has caused irreparable damage to my reputation.
- Judicial reform is one of our top priorities in PUCL wherein I am one of the National Vice Presidents. Therefore this complaint may be taken up as a public issue requiring top most importance
(P B. D’Sa)
Fr. Muller Road,
Valencia, Mangalore – 02