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2011 (1) SCC 577
IN THE SUPREME COURT OF INDIA
G.S. SINGHVI, ASOK KUMAR GANGULY
State of Maharashtra & Ors.-Appellant(s)
Versus
Sarangdharsingh Shivdassingh Chavan & Anr.-Respondent(s)
CRIMINAL APPEAL NO. 2374 OF 2010
(Arising out of SLP (Crl.) No.2614 of 2009)
Decided on : December 14, 2010
(2008) 14 SCC 337 – Distinguished
(b) Administration of Justice – Executive Instructions – Chief Minister directing officials not to register any complaint against an MLA and not to take action on complaints already registered – Subversive of rule of law – Ultra vires the Bombay Money Lenders Act. (Para 71)
(1964) 6 SCR 330; (1984) 2 SCC 41; (1984) 4 SCC 609; (1987) 1 SCC 227; (1997) 1 SCC 35; (1968) 1 All. E.R. 763; (2002) 2 AC 357 – Relied upon
Facts of the case:
The allegation in the writ petition is of illegal money lending against the second respondent to the extent of charging 10% interest per month on the money lent.
It is stated that as many as 34 complaints were registered against the second respondent till 28.6.2006.
Nearly 300 farmers have committed suicide in Vidarbha region of Maharashtra as victims of such illegal money lending business and the torture perpetrated in the recovery of such money. A complaint has been made that the farmers do not get the benefit of various packages announced by the Government and the State machinery is ruthless against the farmers.
The Collector Buldhana directed not to register any crime against Mr. Gokulchand Sananda, the second respondent, without obtaining clearance from the District Anti Money Lending Committee and also without obtaining legal opinion of the District Government Pleader. It appears that the said order was passed by the Collector in view of the instructions given to him by the then Chief Minister of Maharashtra.
There are about 50 complaints against Sananda and his family members who are carrying on money lending business and the cases cannot be registered against them in view of the instructions given by the then Chief Minister.
The PS to the Chief Minister also called the Police Station and directed not to take action on such complaints.
High Court allowed the writ petition. The High Court held that the directions of the Chief Minister in the telephonic message was proved by the communication of the Collector dated 5.6.2006 and the High Court held that such telephonic communication was made at the behest of Gokulchand Sananda, the second respondent herein.
The High Court held that the letter dated 5.6.2006 and the telephonic message recorded in the Station diary entry exhibit gross abuse of power by the concerned authority and struck down both the communications.
The High Court, however, recorded that on the complaint filed by the writ petitioner against the first respondent, a chargesheet was filed for offences under Sections 341, 342, 363, 392, 504 read with Section 34 of Indian Penal Code and Section 32B of the Bombay Money Lenders Act, 1946. The criminal case is pending.
The High Court expressed a hope that power of the Executive will not be abused in the manner in which it has been done in this case. The High Court, quashed the Collector’s order and allowed the writ petition awarding costs of Rs.25,000/- to be paid by the State Government.
Finding of the Court:
District Anti-money Lending Committee is not statutory. Action of the Chief Minister is shocking to the conscience.
Result:
Appeal dismissed with cost of Rs. 10,00,000/-
JUDGMENT
GANGULY, J.
1. Leave granted.
2. The facts of each case, which come up to this Court and especially those which are heard at length as appeals, have a message to convey. The message conveyed in this case is extremely shocking and it shocks the conscience of this Court about the manner in which the Constitutional functionaries behaved in the State of Maharashtra.
3. A writ petition was filed before Bombay High Court by Sarangdharsingh Shivdassingh Chavan - the first respondent in this appeal. He described himself as an agriculturist by profession. The allegation in the writ petition is of illegal money lending against the second respondent to the extent of charging 10% interest per month on the money lent.
4. In view of such exorbitant interest being charged and the illegalities which are alleged be committed in the recovery of such loan, certain complaints were filed against the second respondent and in the writ petition it is stated that as many as 34 complaints were registered against the second respondent till 28.6.2006.
5. It was also averred in the writ petition that nearly 300 farmers have committed suicide in Vidarbha region of Maharashtra as victims of such illegal money lending business and the torture perpetrated in the recovery of such money. A complaint has been made that the farmers do not get the benefit of various packages announced by the Government and the State machinery is ruthless against the farmers.
6. The cause of action for filing the writ petition is the order of Collector in the District of Buldhana (hereinafter "Collector") directing not to register any crime against Mr. Gokulchand Sananda, the second respondent herein, without obtaining clearance from the District Anti Money Lending Committee and also without obtaining legal opinion of the District Government Pleader. It appears that the said order was passed by the Collector in view of the instructions given to him by the then Chief Minister of Maharashtra.
7. It has been alleged in the petition that there are several complaints and the number of such complaints is about 50 against Sananda and his family members who are carrying on money lending business and the cases cannot be registered against them in view of the instructions given by the then Chief Minister.
8. In order to understand the seriousness of the situation, it will be appropriate in the fitness of things, to set out the order dated 5.6.2006 of the Collector, Buldhana to the District Superintendent of Police, Buldhana:
"To
District Superintendent of Police
Buldhana
Sub: Regarding complaints against illegal money lending against MLA Dilipkumar Sananda and his family members.
Ref: instructions given by Hon'ble Chief Minister in meeting dated 1.6.2006.
On the above mentioned subject, detailed discussion took place at the residence of Hon'ble Chief Minister on 1.6.2006. In the said meeting, MLA Dilipkumar Sananda complained that deliberately by raising false allegations, against his family members, complaints regarding illegal money lending are being filed and without scrutinizing truthfulness of the said complaints, offences are being registered. In respect of said grievance, Hon'ble Chief Minister has taken serious note and given order that `if any such complaint is received then before registration of offence against MLA Dilipkumar Sananda and his family members, said matter/complaint be placed for decision before District Anti-Money Lending Committee and said Committee should obtain legal opinion of District Government Pleader and then only take decision on the same and take appropriate legal action accordingly'. You are informed that as per the instructions of Hon'ble Chief Minister, matters against Sananda family be handled as per the provisions of Money Lending Prevention Act."
9. It may be noticed that prior to the aforesaid discussion which the Collector had at the residence of the Chief Minister on 1.6.2006 in which meeting Mr. Dilipkumar Sananda, local MLA was present, so
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