The above-mentioned was opined by the Calcutta High Court in the case Anirban @ Anirban Basu v. Kolkata Municipal Corporation and Anr. WPO/3056/2022 before Honourable Justice Amrita Sinha on 1st December 2022.
FACTS OF THE CASE
The case is one of the strangest ones witnessed by the court. The petitioner in question was facing a strange problem when he was issued two birth certificates one for the year 19 and the other for the year 195. The names of the parents and other relevant information were the same on both birth certificates.
The petitioner was admitted to the school based on the second birth certificate. He is issued two passports based on the two birth certificates one in 2000 and the other one in 2002. The second passport was submitted for renewal in the year 2008 and it was then that found out that there was an earlier certificate in the petitioner’s name. Following this, his passports were impounded.
The petitioner has approached the court to ask for the first birth certificate to be cancelled as his father had given the information wrongly.
JUDGEMENT OF THE CASE
The Court was confused as to why the father of the petitioner decided to go ahead with the first passport based on the first birth certificate when all his education was based on the date of the second birth certificate.
The Court was of the opinion that there were two passports that were I used by the petitioner and gave enough cause to conclude mala find intention. The father ought to have reported the mistake and since that was not done and obtained two separate documents, did not take notice of the same results in the weakening of his case.
However, since the petitioner had no role to play in the same, it was held that all the documents and the passports based on his first birth certificate were asked to be cancelled,
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JUDGEMENT REVIEWED BY SAYANTANI RAKSHIT