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Supreme Court quashes criminal case against Lakshya Sen, brother Chirag
The Supreme Court had previously stayed the criminal proceedings initiated against Lakshya Sen, brother Chirag, and their parents following a private complaint
NEW DELHI: The Supreme Court on Monday quashed criminal proceedings against star badminton player Lakshya Sen and his family in an alleged case of fabrication of his birth certificate, noting that the Sports Authority of India (SAI) had previously examined the accusation and found no material to proceed further.
“To compel such individuals, who have maintained an unblemished record and brought distinction to the country through sustained excellence, to undergo the ordeal of a criminal trial in the absence of prima facie material would not subserve the ends of justice. The invocation of criminal law in such circumstances would amount to an abuse of process, which this Court cannot countenance,” the bench of justices Sudhanshu Dhulia and Aravind Kumar said on petitions by Lakshya, his brother Chirag, their parents and coach.
On February 25 this year, the top court stayed the criminal proceeding in connection with FIR/Crime No.194/2022 dated December 1, 2022, registered by High Grounds Police Station, Bengaluru, Karnataka. The case was registered on a complaint by one MG Nagaraja, who claimed that Lakshya and Chirag fabricated their birth certificate showing their age to be less by about two-and-a-half years. Their parents and the coach, an employee of the Karnataka Badminton Association, were accused of tampering with the birth records.
In its 10-page order, the Supreme Court said, “The absence of any direct or indirect material linking the appellants to a culpable act or intention reinforces the conclusion that the allegations, even if taken at their highest, do not meet the threshold necessary to justify a criminal prosecution under the aforesaid provisions.”
The court further noted that Lakshya and Chirag were national-level sportspersons, having represented India in international badminton tournaments and earned multiple accolades, including medals at the Commonwealth Games and BWF international events.
Nagaraja had alleged that the correct age of Lakshya was January/February 1996. However, the fabricated birth certificate shows his date of birth to be July 22, 1998. He further stated that a departmental enquiry in this regard was conducted against Lakshya’s father Dhirendra Sen, who is a badminton coach working at Prakash Padukone Badminton Academy, and alleged that he was found guilty by the inquiry officer and that his punishment was confirmed by the disciplinary authority.
On his complaint, the trial court referred the matter to the police and a FIR came to be registered.
Senior advocate CA Sundaram, who appeared for the Sen brothers, told the court that the date of birth was the same and undisputed except for one document concerning the general provident fund nomination form.
While reserving the verdict last week, the bench had observed that even if the allegations are assumed to be correct, the children could not be faulted for the age mentioned in the birth records. However, the complainant argued that having used that document, both sons would be equally culpable.
Lakshya has experienced a meteoric rise in the game since becoming the junior gold medalist at the 2018 Asian Championship. He won the bronze medal at the 2021 BWF World Championship and earned successive laurels in 2022, including a gold medal at the 2022 Birmingham Commonwealth Games and a silver medal at the 2022 All England Open. He came close to winning the bronze at the Paris Olympics last year.
