2010 (12) TMI 1301 - SC - Indian Laws

Summary

Issues Involved:
1. Allegations of illegal money lending and exorbitant interest rates.
2. Government interference in the registration of complaints against a local MLA and his family.
3. Abuse of power by the Chief Minister and high-ranking officials.
4. Constitutional and legal principles regarding the registration and investigation of cognizable offenses.
5. Impact of government actions on farmers and the rule of law.

Detailed Analysis:

1. Allegations of Illegal Money Lending and Exorbitant Interest Rates:
The first respondent, an agriculturist, filed a writ petition alleging illegal money lending by the second respondent, who charged 10% interest per month. The petition highlighted that 34 complaints were registered against the second respondent by June 2006. It also mentioned that nearly 300 farmers in Vidarbha committed suicide due to the illegal money lending business and the associated torture.

2. Government Interference in the Registration of Complaints:
The Collector of Buldhana issued an order on 5.6.2006, directing that no crimes against the second respondent be registered without clearance from the District Anti-Money Lending Committee and legal opinion from the District Government Pleader. This order was based on instructions from the then Chief Minister, following complaints by MLA Dilipkumar Sananda about false allegations against his family.

3. Abuse of Power by the Chief Minister and High-Ranking Officials:
The High Court found that the Chief Minister's interference, proven by the Collector's order and telephonic instructions, exhibited gross abuse of power. The High Court quashed both the Collector's order and the telephonic instructions, awarding costs of Rs. 25,000/- to be paid by the State Government. The Supreme Court upheld this decision, condemning the Chief Minister's actions as unconstitutional and subversive to the rule of law.

4. Constitutional and Legal Principles Regarding the Registration and Investigation of Cognizable Offenses:
The Supreme Court emphasized that the legal framework mandates police officers to register and investigate cognizable offenses without delay, as per Sections 154 and 156 of the Criminal Procedure Code. The Chief Minister's directive to give special treatment to the MLA and his family was deemed unwarranted and contrary to the rule of law, which does not accord special treatment to any individual in such matters.

5. Impact of Government Actions on Farmers and the Rule of Law:
The Supreme Court highlighted the severe impact of the Chief Minister's actions on the farmers in Vidarbha, who were already suffering due to money lenders. The Court noted that the interference impeded the farmers' access to legal redress and subverted the due process. The Court also referenced the alarming rate of farmer suicides in India, particularly in Maharashtra, underscoring the gravity of the issue.

Conclusion:
The Supreme Court affirmed the High Court's judgment, declaring the Chief Minister's instructions unconstitutional and quashing them. The Court ordered the State of Maharashtra to pay costs of Rs. 10,00,000/- to the Maharashtra State Legal Services Authority to aid poor farmers. The judgment underscores the paramount duty of maintaining the rule of law and constitutional norms of equal protection, condemning any abuse of power by government officials.