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2010 Supreme(Ori) 639
2011 (I) OLR (SC) — 657
G.S. SINGHVI AND ASOK KUMAR GANGULY, JJ.
CRIMINAL APPEAL NO._____ OF 2010
(Arising out of SLP (Crl.) No.2614 of 2009)
State of Maharashtra & Ors....Appellant(s)
Versus
Sarangdharsingh Shivdassingh Chavan
& Anr....Respondent(s)
Decided on 14th December, 2010.
Headnote:1. CONSTITUTION OF INDIA, 1950 - Arts. 226, 227 and 136 - Complaint against M.L.A. and his family of illegal money lending - Order of Collector directing not to register any crime against the MLA - Writ - 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 - Appeal.
Per A.K.Ganguly, J. - As the Chief Minister of the State and as holding a position of great responsibility as a high constitutional functionary, the Chief Minister certainly acted beyond all legal norms by giving the impugned directions to the Collector to protect members of a particular family who are dealing in money lending business from the normal process of law - Action of the Chief Minister is completely contrary to and inconsistent with the constitutional promise of equality and also the preambular resolve of social and economic justice.
Per G.S.Singhvi, J. - The instructions given by the Chief Minister to District Collector were ex facie ultra vires the provisions of the Act which do not envisage any rule of the Chief Minister in cases involving violation of the provisions of the Act and amounted to an unwanted interference with the functioning of the authorities entrusted with the task of enforcing the Act enacted for regulating, controlling transactions of money lending and protecting unsuspecting borrowers against oppression and harassment at the hands of unscrupulous money lenders.
HELD, order of High Court affirmed - Direction that the instruction of the Chief Minister to the Collector has no warrant in law and is unconstitutional and is quashed - Costs of Rs. 10,00,000/- (Rupees ten lakhs) to be paid by the appellant in favour of the Maharashtra State Legal Services Authority.
2. RULE OF LAW - Law does not accord any special treatment to any person in respect of any complaint having been filed against him when it disclosed the commission of any cognizable offence.(Para - 24)
3. CRIMINAL PROCEDURE CODE, 1973 - Secs. 154, 156, 157 - On information being lodged with the police and if the said information discloses the commission of a cognizable offence, the police shall record the same in accordance with the provisions contained under Sec. 154, Cr.P.C. - Police Officers power to investigate in case of a cognizable offence without order of the Magistrate is statutorily recognised under Sec. 156 of the Code - This is subject to the provisos (a) and (b) to Section 157 of the Code which leaves discretion with the police officer-in-charge of police station to consider if the information is not of a serious nature, he may depute a subordinate officer to investigate and if it appears to the officer-in-charge that there does not exist sufficient ground, he shall not investigate. (Paras - 21 and 22)
JUDGMENT
A. K. 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. 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. 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.
6.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.”
7.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, something happened
