NEW DELHI: The Supreme Court on Friday affirmed the Madhya Pradesh High Court’s order rejecting a plea challenging Union Civil Aviation Minister Jyotiraditya Scindia’s nomination to the Rajya Sabha from Madhya Pradesh in a biennial election.
The plea by one Govind Singh had challenged Scindia’s nomination for allegedly concealing information about the criminal cases pending against him in the papers. It was listed before the bench of justices Hrishikesh Roy and Pankaj Mithal.
The Madhya Pradesh High Court HC on March 17, 2023, refused to direct state police to register an FIR against Scindia for allegedly concealing information regarding the cases pending against him. Petitioner Singh had averred that the minister had not disclosed particulars or information regarding the registration of FIR for him and others in 2018.
A bench of Justice Dipak Kumar said, “It is true that by order dated 26.09.2018, while deciding the application filed under Section 156(3) of CrPC, a direction was given by learned special judge (MP and MLA), Bhopal, MP for registration of FIR, which does not amount to taking cognizance. In terms of Chapter XII of CrPC, simply a direction for registration of FIR does not amount to taking cognizance under Section 190 and/or Section 200 of CrPC. In this situation, mere registration of FIR does not come within the category of pending criminal case’’.
The bench also said, “Besides this, as per the provisions of Act of 1951, it is not mandatory or necessary that a candidate, who is contesting the election in question, should disclose registration of FIR. At the time of submission of the nomination form, respondent No.1 had neither any knowledge about the registration of FIR nor any notice under Section 41-A of CrPC has been issued to him. Since he has no knowledge about registration of FIR, there is no occasion for him to disclose the same.” The bench asked the petitioner to approach the police for the registration of an FIR instead of seeking directions from the HC.