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Akbar Ali informed the court that he had never given anybody permission to file the plea when the case was called. He was there in person and identified himself as the head of the Delhi Ki Galiyan NGO.
After learning that a writ petition in a demolition case had been filed under the name of an NGO without the president's consent, the Delhi High Court recently ordered the Deputy Commissioner of Police (Central District) to look into a case of forgery [Delhi Ki Galiyan vs Deputy Commissioner].
On October 13, Justice Mini Pushkarna issued the ruling in response to a plea allegedly submitted by the Delhi Ki Galiyan NGO, which called for the destruction of a supposedly unlawful building in Okhla, South Delhi.
Akbar Ali informed the court that he had never given anybody permission to file the plea when the case was called. He was there in person and identified himself as the head of the Delhi Ki Galiyan NGO.
He showed his Aadhaar card, the names of the NGO's governing bodies, and a September 11 public message alerting people to the theft and abuse of the organization's letterhead.
The notice, which appeared in Jansatta and The Indian Express, accused Farid Ali, the late Sattar Ali's son, of posing as the NGO and bringing the lawsuit without the proper authorization. Additionally, a complaint on the occurrence was filed.
The Court took all of these materials on file.
Following Ali's hearing, the Court observed:
"This Court acknowledges that the petitioner-NGO's president, Mr. Akbar Ali, has submitted that the current writ petition was filed unlawfully and without the NGO's consent. This is a very severe situation, and this Court is being deceived and defrauded."
The Court ruled that it is dishonest and an abuse of process to file a petition in an organization's name without that organization's consent.
"When an unauthorized individual submits a petition of this kind to stop unauthorized construction, the behavior is not only dishonest but also a misuse and abuse of the legal system." Courts play a vital role in administering justice when people and other entities come to them for assistance. The judge stated that the courts must take strong action against dishonest people who abuse such a solemn procedure for their own illegal and personal benefit and with hidden agendas.
The Municipal Corporation of Delhi (MCD) has already taken action against alleged unlawful activities, the court was told by the civic body's attorney. The properties had been shut, and more enforcement was planned for October 29, according to a status report dated October 10.
The report included photographs of the location, which were also included in the ruling.
The Court allowed the complaint to be withdrawn and resolved the issue when Akbar Ali confirmed that the NGO had not approved the petition.
Judge Pushkarna came to the conclusion that abusing the judicial system "for personal and unlawful gains" was a grave violation that could not be tolerated.
Given the seriousness of the behavior, the court ordered the Delhi Police to look into it and take legal action against Farid Ali.
Farid Ali was also assessed a fee of ₹50,000, which he must pay to the Delhi High Court Bar Clerks Association within six weeks. The DCP was directed to make sure the instruction was followed.
If the money is not submitted within the allotted time, the case will be relisted before the High Court Registrar.
Akbar Ali, the president of the petitioner NGO, made an in-person appearance on its behalf.
Advocate Kushagra Kumar represented Delhi Police.
Advocates Agam Rajput and Rachita Garg represented the Delhi government.
Advocate Saurabh Goel represented the MCD on behalf of Hirein Sharma, the standing counsel.
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