SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2004 Supreme(MP) 853

H.K.SEMA, B.P.SINGH, S.N.VARIAVA, N.S.HEGDE, S.B.SINHA
M. P. Special Police Establishment – Appellant
Versus
State of M. P. – Respondent


Advocates:
Soli. J. Sorabji with Ms. Shireen for appellant;
S.K. Agnihotri and Rohit K. Singh for State;
Vivek K. Tankha and Ashok H. K. Gupta for respondent No.4.

JUDGEMENT

Variava, J. -- 1. Leave granted.

2. These appeals are against the judgement of the Madhya Pradesh High Court dated 10.1.2003.

3. Briefly stated, the facts are as follows:

Respondents 4 (in both these appeals), i.e. Rajendra Kumar Singh and Bisahu Ram Yadav, were Ministers in the Government of M.P. A complaint was made to the Lokayukta against them for having released 7.5 acres of land illegally to its earlier owners even though the same had been acquired by the Indore Development Authority. After investigation, the Lokayukta submitted a report holding that there were sufficient grounds for prosecuting the two Ministers under section 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, 1988 and also for the offences of criminal conspiracy punishable under section 120B of the Penal Code. It must be mentioned that by the time the report was given, the two Ministers had already resigned.

4. Sanction was applied for from the Council of Ministers for prosecuting the two Ministers. The Council of Ministers held that there was not an iota of material available against both the Ministers from which is could be inferred that they had entered into a criminal conspiracy w



















































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top