Apex Court Directs Madhya Pradesh High Court to Consider Exemption Application Sympathetically
In a significant development, the Supreme Court of India has provided temporary relief to Nihal Singh, an elected Sarpanch from Gram Panchayat, Maanpur, Tehsil Joura, District Morena, Madhya Pradesh, by granting an exemption from surrendering for a period of eight weeks. This decision comes as a part of Singh's ongoing legal battle following his conviction under Sections 325/149 and 147 of the Indian Penal Code, 1860.
Nihal Singh, along with his co-accused, was convicted and sentenced to two years of rigorous imprisonment and a fine by the Trial Court. His appeal to the Sessions Judge, Morena, was dismissed, leading him to file a criminal revision petition before the High Court of Madhya Pradesh at Gwalior. However, the High Court, adhering to the Madhya Pradesh High Court Rules, 2008, had insisted on his surrender before the Trial Court as a prerequisite for hearing the revision petition.
Seeking relief, Singh approached the Supreme Court, challenging the requirement to surrender as a condition for his petition to be heard. While the Supreme Court refrained from examining the constitutional validity of the Madhya Pradesh High Court Rules, it acknowledged the potential repercussions of Singh's surrender, which could result in his suspension from the elected public office.
The bench, comprising Chief Justice Surya Kant, Justice J.K. Maheshwari, and Justice Augustine George Masih, recognized the need for justice to be served without causing undue harm to Singh's public role. Consequently, the Supreme Court granted an exemption from surrendering for eight weeks, allowing the High Court time to consider Singh's application for exemption sympathetically.
The Court underscored the importance of balancing the legal requirements with the practical implications of Singh's suspension from office, urging the High Court to deliberate on his application with empathy towards the elected mandate of the villagers.
This decision by the Supreme Court highlights the judiciary's role in ensuring fairness while respecting procedural mandates, offering a reprieve to Singh as he navigates his legal challenges.
Bottom Line:
The Supreme Court granted exemption from surrendering to the petitioner for a period of eight weeks as a condition precedent for hearing his criminal revision before the High Court. It requested the High Court to sympathetically consider the application for exemption from surrendering due to the potential suspension of the petitioner from his elected public office.
Statutory provision(s): Sections 325/149, 147 of the Indian Penal Code, 1860; Madhya Pradesh High Court Rules, 2008.
Nihal Singh v. State of Madhya Pradesh, (SC) : Law Finder Doc id # 2829499
