Verification of certificates
B.K.Hedaoo
(Querist) 09 February 2015
This query is : Resolved
There are hundreds of certificates. As per sec. 79 of Indian Evidence Act a certificate issued by a competent authority after following due procedure is to be treated to be genuine even by the courts.
Is it not violation of Art. 261?
However, most of the certificates are false or spurious. My questions are,
(1) Can there be a statute for verification of each and every certificate?
(2) If yes, which aspects of the certificate should be verified?
By whom it should be verified?
Can there be a committee to verify the certificates?
The decisions of the courts are also a sort of certificates.
A certificate issued by the High court under Art. 133 and 134 has the implied meaning that the high court is fully aware that a decision passed by itself is erroneous. Then why the High Court should pass that decision?
Is it not taxing the litigants?
ajay sethi
(Expert) 09 February 2015
academic query
B.K.Hedaoo
(Querist) 10 February 2015
The query is not academic. It is fact. In Maharashtra ALL THE CASTE CERTIFICATES are to be verified by a Committee comprising of some three/five officers. This preocess is approved by the Supreme court in Madhuri Patil, 1994 (6) SCC 241. As per the Supreme Court the Committee is presumed to be expert, in case of Scheduled caste in the procedure of verification of caste certificates and in case of scheduled tribes in identifying the tribes, tribal communities, their parts or the groups within them. The State of Maharashtra has enacted an Act in 2000 for this purpose. As per sec. 4(2) "All caste certificates are supposed to invalid unless those are verified and validated by the said Committee. There are several question arising from. Including the legality of this Act, Authority, propriety, human rights and so on and so forth. The essence of this procedure is that (1) the competent officer, the Revenue Sub-Divisional officers are presumed to be negligent and unworthy of any credentials. (2) The caste certificate holders are spurious persons or of criminal mentality that they obtain the caste certificates fraudulently and (3) The sec. 79 of Evident Act and Art. 261 are of no useless. According to me, this decision of the Supreme Court and the 2000 Act of State of Maharashtra have revived the Criminal Tribes Act, 1871.
I request the learned intelligentsia in LAW to express their views. The query is not an academic one.
Regards.
BKHedaoo
Mo. +918805058433
