Chief Judicial Magistrate, Udaipur has, in a recent decision, instructed Surajpol Police to re-investigate the fraudulent certificate case related to the Udaipur Municipal Corporation and connected with the immovable assets of the Bohra community.

The police, who in July 2011 had been asked to investigate a FIR lodged by the then Udaipur Municipal Council (now Corporation) related to the issuance of a fraudulent certificate issued by the UMC, had submitted their FR in August 2011, merely a month later, unable to gather evidence regarding the fraudulent certificate.

Subsequent to this, petitioner Vijay Mehta had again petitioned that the FR be returned and that the police be asked to re-investigate the matter.  The basis of the petition, among others was, the Police had not given material justification to the fact that they had not investigated the signatures of the UMC Account Office Dilip Kumar, whose signature was there on the certificate.  Further, the serial number of the certificate (6070) was missing from the dispatch register (there was a whitener mark in the relevant row).  Instead, issuance of a certificate was mentioned in the row having the serial number 6007.  He also argued that the individuals representing the Shia Dawoodi Bohra Jamaat had the original document with them, when they had come to seek permission for construction on the Khanjipeer land, which was then given. So the original document be recovered.

The Story

In March 2000, the Udaipur Municipal Council (now Corporation), had issued a certificate in favor of the Shia Dawoodi Bohra community, stating that immovable property including the Masjids in Bohrawadi, Dargah and Masjid land in Khanjipeer, a number of shops in Hathipol and Bada Bazar, etc. in all, totaling to multiple crores, was the private property of Anjuman-e- Burhani, Shia Dawoodi Bohra Jamaat.  The properties included Moiyyadpura Masjid, Vajihpura Masjid, Khanpura Masjid, Dargah at Khanjipeer and Bohrawadi, the attached shops to the above mentioned properties, shops at Hathipol and Bada Bazar, shops attached to the Bohra Kabrastaan, etc.

Vijay Kumar Mehta raised an application under RTI, in response to which he was provided with a copy of the ‘fraudulent’ certificate.  On investigating the authenticity of this certificate, it was found that the document was fraudulent and that no such certificate had been issued by the UMC. Following this, the UMC registered an FIR with the Surajpol Police station, and within a month the Surajpol Police gave and FR due to lack of additional evidence.

Now, the judicial bench will hear the matter in the next hearing scheduled in August 2017, prior to which all available proof has to be presented.  A few well known businessmen from Shia Dawoodi Bohra community will be under the scanner in this matter and any conviction could lead to imprisonment as well.