The main legal point established in the judgment is the need for effective measures to address and prevent insurance fraud, including the creation of a special cell, speedy investigation, and monitoring by senior police officers.

JUDGMENT :

Ajai Lamba, J.

Heard Mr. A. Goyal, learned counsel for the petitioner. Also heard Mr. D. Saikia, learned senior standing counsel, Government of Assam and Mr. S.C. Keyal, learned standing counsel, CBI.

2. This petition filed in public interest by Sri Jitul Deka brings out a serious issue affecting abuse of beneficial schemes.

3. In a nutshell, it has been brought out that there are certain gangs operating in the State of Assam, who have an organised network, which also involves police personnel, Government officers including employees of medical record department, insurance agents, employees of various Insurance Companies, Doctors, Village Headman/Gaon Burah, Asha Workers serving under Primary Health Centre/Community Health Centre at rural level, Bank Officials, employees of Postal Department, etc. Such criminals collect data about persons who might have died one or two months back. These persons approach the family of the deceased and convince them that they are aware of certain schemes floated by the Government under which the family of the deceased will get monitory support for their livelihood.

It has been pleaded that the family members of the deceased are asked by these criminals to provide Pan Card, Voter ID, etc., of the deceased. On the basis of those documents, bank accounts of the deceased are opened in connivance with bank officials who are part of the gang. Thereafter, they obtain insurance policies in the name of deceased in different Insurance Companies, including under Pradhan Mantri Jeevan Jyoti Bima Yojana (for short, PMJJBY) in connivance with officials. It has been brought out that even the Post Master, etc, in the Postal Department are involved so that insurance policies and cheques, etc., can be collected through the said persons.

In pursuance to the criminal intention, such persons after two or three months make claims for insurance on the basis of manufactured documents obtained in connivance with Doctors of the area, police personnel and other Government officials. It has been projected that the petitioner came to know of one such insurance claim involving embezzlement of Rs.50-75 Lakhs.

4. In Paragraph 9 of the petition, it has been pleaded that so as to unearth the said colossal corruption, the petitioner obtained copies of documents in respect of one deceased, namely, Nawab Ali @ Nowab Ali. An example has been given in regard to the deceased, namely, Nawab Ali @ Nowab Ali, and the entire modus operandi adopted by such criminals has been unearthed. It was shown on the basis of fabricated documents that the said Nawab Ali died on account of fall from electric post. Documents were prepared in regard to the deceased and his identification. The post-mortem report was fabricated. Body of the deceased was got identified. Criminal case was initiated. Final report was submitted. Subsequently, it transpired that one Akabbar Ali filed an application in the Court of Chief Judicial Magistrate stating inter alia that his brother Nawab Ali died on 24.08.2014, and not on 15.04.2014 as had been projected in the fabricated documents. The said Akabbar Ali asked for post-mortem examination report. A direction was issued by the Chief Judicial Magistrate to furnish the same. It has been projected that multiple insurance claims were taken in regard to the alleged death of Nawab Ali @ Nowab Ali, who in fact died on 15.04.2014, however, was projected to have died on 24.08.2014.

We are not going into the other details because it is a litigation in public interest. An example was given by the petitioner so as to show that the petition has been filed on valid grounds.

5. Sure enough, the investigating agency verified the facts and as narrated by the learned senior counsel for the respondent Shri D. Saikia, criminal proceedings have been initiated. Shri Saikia has pointed out that whichever case has come to the notice of the investigating agency in Barpeta District as well as in other districts, action has been taken. Even the