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
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
1. Smasher Singh v. State of Punjab = (l974) 2 SCC 831]
2. Kumaon Mandal Vikas Nigam Ltd. v. Girja Shankar Pant = [(2001) 1 SCC 182]
3. Bhuri Nath v. State of J & K = [(1997) 2 SCC 745]
4. A.K. Kraipak v. Union of India = [(1969) 2 SCC 262]
8. J. Mohapatra and Co. v. State of Orissa = [(1984) 4 SCC 103]
10. Charan Lal Sahu v. Union of India = [(1990) 1 SCC 613]
11. Badrinath v. Govt. of T.N. = [(2000) 8 SCC 395]
12. Election Commission of India v. Dr. Subramaniam Swamy = [(1996) 4 SCC 104]
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