Kolkata: Allegations of serious legal and ethical misconduct have been levelled against Mr. Saokat Molla, the sitting MLA from Canning Purba constituency in West Bengal. In a formal complaint submitted by social, political activist and BJP Leader Abhijit Das Bobby, Molla has been accused of forging academic qualifications, submitting false election affidavits, and committing offences punishable under both the Representation of the People Act, 1951 and the Bharatiya Nyaya Sanhita (BNS), 2023.
The complaint, based on publicly accessible documents and judicial precedents, calls for an immediate investigation into Mr. Molla’s educational claims made during the 2016 and 2021 West Bengal Legislative Assembly elections. The petitioner emphasizes that these offences are of a “continuing and recurring nature,” and urges that time elapsed since the elections should not obstruct prosecution.
Key Allegations
1. Forged Higher Secondary Certificate (2016 Affidavit):
Mr. Molla, in his 2016 affidavit, claimed to have passed Class 12 from the “Board of Youth Education India” in 2014. However, the Ministry of Education, the University Grants Commission (UGC), and the Council of Boards of School Education in India (COBSE) do not recognize this board. The “Board of Youth Education India” has been listed as a fake institution by the West Bengal State Council of Technical and Vocational Education and Skill Development (WBSCTVES), a statutory body of the state government. As such, the Class 12 certificate is deemed invalid.
2. Dubious Bachelor’s Degree (2021 Affidavit):
In the affidavit submitted for the 2021 assembly elections, Mr. Molla declared that he had obtained a Bachelor of Arts (BA) degree from Janardan Rai Nagar Rajasthan Vidyapeeth (JRN Vidyapeeth) in 2018. However, UGC norms clearly stipulate that a valid 10+2 qualification is mandatory for undergraduate admissions. Since Molla’s Class 12 qualification is invalid, the BA degree admission and completion are considered fraudulent.
Further complicating matters is the 2017 Supreme Court judgment in Orissa Lift Irrigation Corp. Ltd. vs. Rabi Sankar Patro & Ors. which ruled that degrees awarded via distance education from several deemed universities, including JRN Vidyapeeth, post-2005 are invalid unless revalidated. Additionally, the Rajasthan High Court has ruled that JRN Vidyapeeth and another deemed university awarded invalid degrees through unauthorized distance mode programs without UGC approval.
If Mr. Molla’s BA degree falls under these parameters, it is legally void and must be declared invalid, the complaint states.
Legal Framework Cited
The complaint meticulously outlines several laws allegedly violated by Mr. Molla:
Section 125A of the Representation of the People Act, 1951 – Punishes the filing of false affidavits with up to six months of imprisonment and/or a fine.
Section 316 of the Bharatiya Nyaya Sanhita, 2023 – Covers cheating and dishonestly inducing delivery of property or benefits.
Section 336 of the BNS – Pertains to forgery of documents, including academic credentials.
Section 338 of the BNS – Deals with the use of forged documents as genuine.
The complaint also invokes UGC regulations requiring valid Class 12 qualifications for undergraduate entry and judicial rulings concerning the invalidity of certain deemed university degrees.
Demands Made
In light of the allegations, activist Abhijit Das has urged authorities to take the following actions:
1. Investigate the educational qualifications declared by Mr. Molla in his 2016 and 2021 election affidavits.
2. Direct the UGC and JRN Vidyapeeth to furnish Mr. Molla’s admission and qualification records, including the mode of study (regular/distance).
3. Declare the BA degree void due to it being earned on the basis of a fake HS certificate.
4. Disqualify Mr. Molla from holding public office under the Representation of the People Act, 1951, for willful misrepresentation and fraud.
5. Initiate criminal prosecution under Sections 316, 336, and 338 of the BNS, 2023.
6. Forward the case to relevant authorities like the UGC, the Home Ministry, and the Lokayukta for administrative and disciplinary action.
No Legal Barriers Despite Delay
Though the initial affidavit containing the false information dates back to 2016, the petitioner argues that criminal misconduct involving public office and forged documents carries no statutory limitation when newly discovered or when its effects are ongoing. The Representation of the People Act and rulings of the Supreme Court support the initiation of proceedings at any stage upon discovery of such misconduct.
Final Observations
The petition concludes by emphasizing the importance of transparency and integrity in public life. “The continuation of individuals with forged qualifications in legislative roles gravely undermines public faith in democratic governance,” Das wrote, urging authorities to act decisively and uphold the sanctity of the electoral process.
As of now, Mr. Saokat Molla has not issued a formal response to these allegations. However, legal experts note that if the claims are substantiated, the consequences could be severe, including disqualification from legislative office and criminal conviction.
The matter is expected to draw significant public and legal scrutiny in the coming weeks.
