STATE OF MAHARASHTRA AND ORS. versus SARANGDHAR SINGH SHIVDAS SINGH CHAVAN AND ANR.

Citation: [2010] 15 S.C.R. 1145 · Decided: 14-12-2010 · Supreme Court of India · Bench: G.S. SINGHVI · Disposal: Dismissed
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Judgment (excerpt)

[2010] 15 (ADDL.) S.C.R. 1145 
STATE OF MAHARASHTRA AND ORS. 
v. 
SARANGDHAR SINGH SHIVDAS SINGH CHAVAN AND 
ANR. 
(Criminal Appeal No. 2374 of 2010) 
DECEMBER 14, 2010 
[G.S. SINGHVI AND ASOK KUMAR GANGULY, JJ.] 
A 
B 
Administrative law: Public administration - Abuse of 
power - Complaints filed against the second respondent and c 
his family members on the ground that they were indulging 
in illegal money lending and charging exorbitant interest from 
poor farmers - Order by Collector that as per the instructions 
of the Chief Minister, the Superintendent of Police would not 
register any crime against the second respondent unless 
D 
clearance is obtained from the District Anti Money Lending 
Committee and legal opinion of the District Government 
Pleader and matters would be handled as per the provisions 
of Money Lending Prevention Act - Held: The instructions of 
the Chief Minister were completely contrary to and inconsistent 
E 
with the constitutional promise of equality and a/so the 
preambular resolve of social and economic justice -
Interference by the Chief Minister to specially treat any 
complaints has no precedent either in law or in public 
administration -
In the face of such directions, it is 
inconceivable that the poor farmers can sustain their 
F 
complaint and the subordinate police officers can carry on 
investigation ignoring such instructions of the Chief Minister 
- Therefore, the instructions of the Chief Minister completely 
subverted the rule of law - Chief Minister's instructions were 
incongruous and anachronistic, being in defiance of all logic 
G 
and reason -
This Court condemned the same in no 
uncertain terms - The instruction of the Chief Minister to the 
Collector has no warrant in law and is unconstitutional and is 
quashed - The State is directed to pay costs of Rs.10 lakhs 
1145 
H 
1146 SUPREME COURT REPORTS [2010115 (ADDL.) S.C.R. 
A in favour of the Maharashtra State Legal Services Authority 
- The fund would be earmarked to help the cases of poor 
farmers - Bombay Money Lenders Act, 1946. 
B 
Code of Criminal Procedure, 1973: 
ss. 154, 156, 157 - Investigation - Power of police to 
investigate cognizable offence - Scope of, and if special 
treatment to any person .in respect of complaint disclosing the 
commission of any cognizable offence, permissible - Held: 
Law does not accord special treatment to any person in 
C respect of complaint against him when it discloses the 
commission of any cognizable offence - In the instant case, 
the direction of the Chief Minister to give a special treatment 
to an MLA and his family before registering complaint against 
them for indulging in illegal money lending was totally 
D unwarranted in law. 
ss.154(1), 163, 164(3) - Ministerial interference in the 
functioning of the authorities entrusted with the task of 
enforcing the laws enacted by the legislature -
Cases 
E involving pervasive misuse of public office for private gains 
have come to light in last few decades which tend to shake 
the peoples' confidence - Some members of the political 
class who are entrusted with greater responsibilities and who 
take oath to do their duties in accontance with the Constitution 
F and the law without fear or favour, affection or ill will, have by 
their acts and omissions demonstrated that they have no 
respect for system based on rule of law. 
Constitution of India, 1950: Part /VA - Every citizen must 
do his duty towards the nation as well as the fellow citizens -
G Fundamental rights of the citizens can become meaningful 
only if the State and citizens do their duty to bring about real 
equality amongst the people belonging ta different segments 
of the Society - Part IV-A was enacted with a fond hope that 
every citizen will honestly play his role in building of a 
H homogeneous society in which every Indian will be able to live 
STATE OF MAHARASHTRA v. SARANGDHAR SINGH 
114 7 
SHIVDASSINGH CHAVAN 
with dignity without having to bother about the basics like food, 
A 
clothing, shelter, education, medical aid and the nation will 
constantly march forward and will take its place of pride in the 
comity of nations - However, in last few decades, a small 
fraction of the population has evolved a new value system 
which is totally incompatible with the values and ideals 
B 
cherished by the Indian society for centuries together. 
Money lending: Illegal money lending business -
Suicides by farmers - Nearly 300 farmers committed suicide 
in Vi
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