Jammu & Kashmir High Court Grants Anticipatory Bail To Phyang Councillor Accused Of Forging His Birth Certificate For LAHDC Polls

The Jammu & Kashmir and Ladakh High Court last month (vide order made available today) granted anticipatory bail to Tundup Nurbu, the Councillor of Phyang Constituency of Ladakh Autonomous Hill Development Council (LAHDC) accused of forging his birth certificate to fight LAHDC polls.

The case was registered based on a complaint filed by his opponent, Skalzang Dorjey alleging that Nurbu who is affiliated with the Congress, forged his date of birth certificate and stated a different birthdate on his nomination form than the one mentioned in his Aadhar Card and matriculation certificate.

Nurbu's counsel argued that the accusations were baseless and a result of political motives, and that if there were any grievances, the complainant should have resorted to filing an appeal under Section 12 of the Ladakh Autonomous Hill Development Council Act. The petitioner further emphasized that the complaint was lodged against Nurbu after a significant time lapse since his election, suggesting malicious intent.

Contesting the plea, the respondents argued that Nurbu should have approached the Sessions Court first for bail in anticipation of arrest, as per the legal procedure. They also alleged that Nurbu had not cooperated with the Investigating Agency and had tampered with his date of birth certificate to contest the election despite being underage, thereby committing forgery and cheating the voters of his constituency.

After hearing the arguments, Justice MA Chowdhary observed that none of the offences alleged are punishable with more than 7 years of imprisonment and that custodial interrogation was not necessary as the date of birth certificate could be verified from public records.

Consequently, it allowed the petition.

Case Title: Tundup Nurbu V/s Union Territory of Ladakh & Ors.

Click Here To Read/Download Judgment