SC stays FIR against NCP leader in land grab case

The Supreme Court on Friday stayed a Bombay High Court order for registration of an FIR against NCP leader and Leader of Opposition in Maharashtra Legislative Council Dhananjay Munde in an alleged land grab case.

The top court said that the high court can't pass such orders in complete disregard to Criminal Procedure Code (CrPC), since the Article 226 petition under the Constitution plea was not a 'Ram Baan' (cure-all remedy).

A bench of Justices Ajay Rastogi and Surya Kant also noted that there was no “exceptional circumstances” forcing the high court to issue to such a direction on a writ petition.

The court issued notice to the complainant-petitioner before the high court as well as the Maharashtra government and put the matter for consideration in July.

Senior advocate Amrendra Sharan, appearing for Munde, contended that the high court had given the entire regime of the CrPC a complete go-by and had wrongly exercised the jurisdiction.

Senior counsel Huzefa Ahmadi, appearing for the complainant, contended that this was a case against an influential political personality. He cited the Lalita Kumari judgement by a Constitution bench of the Supreme Court in 2014 to point out that the high court found sufficient ground to order registration of the FIR in view of serious allegations.

The bench, however, said if the high court's order for lodging of the FIR was sustained, which coordinate bench of the high court would entertain the aggrieved person's plea under Section 482 (for quashing of criminal case) of the CrPC.

To this, Ahmadi said, “At this stage, registration of FIR was important, the court can protect him by saying that the observations made by the high court would not come in the way of him pursuing his remedy under Section 482 of the CrPC.”

The court, however, suspended the operation of June 11 order by the Aurangabad bench of the Bombay High Court for lodging of FIR against Munde for purchasing a land illegally in Beed district of Maharashtra.