New Delhi: A court in Jammu has rejected an application requesting registration of FIR against Board of Control for Cricket in India (BCCI) President Mithun Manhas as it was alleged he faked his date of birth to get an edge in age group cricket.
Sudershan Mehta, a retired senior Deputy Superintendent of Police and former joint honorary secretary of Jammu and Kashmir Cricket Association (JKCA) had filed the application under Section 175(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 in August.
In his application, Mehta has alleged that former Delhi batter Mithun Manhas committed fraud, cheated and forged documents by using two different dates of birth to get selected in national level sub-junior and junior tournaments by JKCA and Delhi and District Cricket Association (DDCA).
He alleged that the date of birth of Mithun Manhas mentioned in the email of the Maharaja Hari Singh Agriculture Collegiate (MHAC) School, Nagbani was December 9, 1977 but the same was mentioned as October 12, 1979 in the official website of the DDCA.
Mehta also informed the court that he had previously complained to Nowabad police station and SP City North, Jammu but was not able to get any action, therefore he approached the court.
Police inquiry clears Mithun Manhas of Forgery
The court of Sub-Judge and Special Railway Magistrate Sandeep Singh Sen in Jammu asked for an inquiry on the facts from Station House Officer (SHO) Nowabad police station.
This was followed by police inquiry which concluded that there was no evidence to support the allegations of forgery and fabrication. The date of birth of Manhas was mentioned as September 12, 1977 on his CBSE mark sheet, PAN card, Aadhaar card and by his employer ONGC.
Further, the report mentioned that there was no evidence to suggest that Mithun Manhas received any unfair advantage in junior cricket due to the alleged issue. It was also found that no benefit or concession was provided to him by any cricketing body for his date of birth.
Court says documents from website are not conclusive
The court mentioned in their order that the complainant mostly relied on the photocopy provided to them with the information downloaded from the official website of DDCA. However, it was also observed that no primary document or certified document was provided by the association to prove that Manhas had submitted any fake certificate.
“It is important to mention that mere discrepancy in two entries, without anything more, cannot ipso facto lead to an inference of forgery or fabrication,” the court stated.
Under the criminal law, there must be some evidence provided that a false document was created with dishonest and fraudulent intent.
The report also stated that information from websites can at most create a doubt which can be checked with the concerned association. However, it cannot be considered as conclusive evidence for determining the age of a person or for any act of forgery.
Further, the power to direct any investigation at the pre-cognisance stage cannot be used to resolve individual issues based on unsubstantiated assumptions and guesses.
The court stated that no prima facie evidence has been provided that Mithun Manhas forged any documents or knowingly misrepresented himself to gain an illegal advantage. Therefore, the application was rejected as “devoid of sufficient merit”.