Constitutional Courts Must Prevent Fraudulent Gains, Writ Of Certiorari Can Be Denied Over Allegations Of Fraud Requiring Enquiry: J&K High Court
Live LawUnderscoring the duty of constitutional courts to ensure that no one benefits from fraudulent acts the Jammu and Kashmir and Ladakh High Court refused to grant the writ of certiorari, emphasizing that when allegations of fraud are raised, the court must inquire into the matter to ensure substantial justice between the parties. “It is the duty of the constitutional courts to ensure that no one gets the benefit of fraudulent acts and the writ of certiorari being a discretionary remedy can be refused, when the court is of the opinion that the allegations of fraud are required to be enquired in to, to do the substantial justice between the parties”, observed Justice Rajesh Oswal. However, the respondents, represented by Jagjit Singh, Jashpal Singh, and others, contested this, alleging that Surinder Singh fraudulently included their family members in his Form 'A' to claim a share in the land. Respondents' Counsel, Mr. Abhishek Wazir, countered that the mutation was fraudulently obtained by Surinder Singh, who included the respondents' family members in his Form 'A' without their knowledge.
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