status of offspring & false CBI story

[Rajinder Kumar]

I am offspring of OBC father from Punjab and Schedule Tribe mother of Himachal.I was in EPFO. My parents gave me ST certificate and I used it for getting job. I got primary education in tribal area and we live in himachal. CBI now has proved in court of Trial and session that ST certificate is Forged oneNow I am in Punjab and haryana High court.Lost job at the age of 50 having daughter of 11 years. Do you suggest any remedy? i have listened that 5-10 years may be taken by High court for decision. Can u help me smhow? I have enough proof that cbi story is fake and with many doubts got through RTI act.

[Dr. Ashok Dhamija]

My reply is based on knowledge of limited facts of your case. So, it is a general reply and you may need to consult a lawyer professionally by showing him all your case papers.

I may point out that there is a vast difference between a “wrong ST certificate” and a “forged ST certificate”. To prove a criminal case, it should have been a forged certificate and a mere wrongly issued certificate may not amount to an offence. In your factual matrix, it may perhaps be possible to show that in the worst scenario, it may have been a case of wrongly issued certificate and not a forged certificate. This is subject to detailed examination of your case. However, as I mentioned above, you need to consult in detail a lawyer who needs to study all your case papers.

What I have written above is on the basis of the Government of India guidelines on issue of on the status of the off-springs of a couple where one of the spouses is a member of a Scheduled Tribe. In this regard, the GOI guidelines provide that in the case of marriage between a tribal with a non-tribal, the main factor or consideration is whether the couple were accepted by the tribal society to which the tribal spouse belongs. If he or she, as the case may be, is accepted by the Society then their children shall be deemed to be Scheduled Tribes. But this situation can normally happen when the husband is a member of the Scheduled Tribe. However, a circumstance may be there when a Scheduled Tribe woman may have children from marriage with a non-Scheduled Tribe man. In that event the children may be treated as Scheduled Tribes only if the members of the Scheduled Tribe Community accept them and treat them as members of their own community.

So, you may have to carefully prepare your defence since you have said that your mother is from ST community. Engage a good lawyer. It is not only a question of your job but also of conviction and punishment in an offence as you have said that the CBI has proved forged ST certificate against you and presently you are in the high court.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Rajinder Kumar]

For proving forgery, CBI produced one issuing register and statement of issuing authority i.e. retired SDM of that period i.e. 1983.
I have RTI reply from PIO/SDM that they have no record of issuing ST/SC certificates since 1982 to 1990 and have only record from 1977 to 1982 and from 1990 to onwards but CBI presented one register(WHICH IS FOR 1977 TO 1991 BUT AFTER 1982 THERE IS NO ENTRY OF ANY st/sc CERTIFICATE IN THAT REGISTER) in court and claimed that no entry of my ST certificate in that register.
Lower courts convicted me.
Now, please help me by suggesting any good but reasonable charging advocate of PUNJAB AND HARYANA HIGH COURT so that i could get justice.

[Dr. Ashok Dhamija]

If this is the only ground for proving forgery then the conviction appears to be doubtful. In any case, there appear to be various other grounds on which you may perhaps challenge the conviction. Contact some lawyer with full documents if you have not filed your appeal in high court as yet.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Rajinder Kumar]

Thank you very much ,Sir. It is a simple case if one sees facts. But CBI made it complex. Howerver, my last request to suggest any lawyer of Punjab and Haryana high court so that i could represent /argue better. My earlier lawyers have made the case worse.

[Dr. Ashok Dhamija]

Will try to ask someone known to find out names of some good lawyers in Chandigarh. If I am able to do so, will inform you.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Rajinder Kumar]

very thankful ,sir.

[Rajinder Kumar]

Sir, GM.
Have you found out some names of Lawyers at Punjab and Haryana High court?
Please inform me when succeeded.
Thanks.

[Author]

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