The Delhi High Court today asked the AAP government to inspect the credentials of Uttar Pradesh BJP MP Ram Charitra Nishad and expedite probe into allegation that he had obtained SC/ST certificate from Delhi using fake documents to contest election on a reserved seat.
Justice Rajiv Sahai Endlaw directed the Department of Social Welfare and Deputy Commissioner (North East Delhi) to conclude the enquiry against Nishad within six weeks from today and place the findings before the Delhi Police Commissioner for compliance.
"The State Scrutiny Committee to take decision within two weeks thereafter," the court said, adding that "consequential action if required be taken against respondent no. 1 (Ram Charitra Nishad)". Nishad represents the Machhlishahr Lok Sabha constituency in Uttar Pradesh.
It also said the decision should be communicated to petitioner Sandesh Kumar, who has sought cancellation of the certificate given in December 2007 by Delhi government, the Tehsildar (Seelampur) here and the police.
The court's direction came on the plea of Kumar, also a resident of Uttar Pradesh, who alleged that Delhi government and other authorities had failed to undertake proper investigation into the application for issuance of the SC/ST certificate filed by Nishad with respect to the fact that his place of residence was in Basti District of Uttar Pradesh.
The petitioner's counsel Anupam Lal Das and Abhishek Kumar said Nishad continued to remain a resident of UP till August 2013 and belonged to the 'Mallah' caste, which is recognised as an OBC in the State List for UP as well as in the Central List for the state.
"Yet he applied for and was issued the impugned Scheduled Caste Certificate in Delhi in the year 2007 on his willful and deliberate misleading statements to the Delhi government and others, herein renders the said certificate nugatory and void ab initio," the counsel contended.
They argued that the MP had not disclosed that he was a resident of UP on the date of applying for the certificate without also fulfilling the preconditions mandated for obtaining the Scheduled Caste Certificate for migrants.
"Because the mere fact that the Respondent No. 1 owns a house in Delhi does not enable him to obtain a Schedule Caste Certificate in Delhi," the plea said.
Denying the charges, Nishad's counsel said that he was a resident of Delhi as his father was settled here since 1951. He had, however, left the city and moved to UP after the 1984 anti-Sikh riots and pursued his education there. Nishad's family home was Delhi, the counsel added.
