New Delhi:
An anguished Supreme Court on Tuesday came down heavily on Union Minister Vilasrao Deshmukh calling as "anachronistic" and "incongruous" his interference in shielding a Congress MLA's family from money lending complaints by poor farmers when he was Maharashtra Chief Minister.
A bench of justices G S Singhvi and A K Ganguly while "condemning" the action of Deshmukh in no uncertain terms with some hard hitting observations also enhanced to Rs 10 lakh the fine of Rs 25,000 imposed by the Bombay High Court on the Maharashtra government.
Observing that the message conveyed in this case is "extremely shocking", the court directed that the fine amount collected should be used for the welfare of the distressed farmers.
The court said the action of Deshmukh, now the Union Industries Minister, was condemnable as he acted beyond "all legal norms" for "political consideration" despite Vidharbha region having the dubious distinction of the largest number of farmers' suicides.
"This Court is extremely anguished to see that such an instruction could come from the Chief Minister of a State which is governed under a Constitution which resolves to constitute India into a socialist, secular, democratic republic.
"Chief Ministers instructions are so incongruous and anachronistic, being in defiance of all logic and reason, that our conscience is deeply disturbed. We condemn the same in no uncertain terms," the bench said.
Deshmukh declined to react to the verdict saying he was yet to get the copy but said he will give a response once he gets it.
The apex court passed the judgement while dismissing the State Government's appeal challenging a High Court order which had held that Deshmukh acted in violation of the law by asking the District Collector Buldhana and the Khamgaon Police Station from registering cases against MLA Dilip Kumar Sananda and his family.
The incident related to Deshmukh's action as Chief Minister in May 2006 after cases were registered by the farmers of Vidharbha region led by Sarangdharsingh Shivdassingh Chavan that the MLA and the family were torturing the poor farmers for recovery and extracting 10 per cent monthly interest for lending loans.
"The message conveyed in this case is extremely shocking and it shocks the conscience of this Court about the manner in which the Constitutional functionaries behaved in the State of Maharashtra," the bench said.
It was stated that as many as 34 complaints were registered against the MLA and his family till June 28, 2006, but due to Deshmukh's interference no subsequent cases were registered by the police forcing the distresses farmers to move the High Court.
"Considering the entire matter in its proper perspective, this Court is of the view that the way interference was caused first from the office of the Chief Minister by his Private Secretary by two telephone calls on 31.5.2006 and the manner in which District Collector was summoned by the Chief Minister on the very next day i.e. 1.6.2006 for giving instructions to specially treat any complaints filed against MLA Mr Dilip Kumar Sananda and his family has no precedent either in law or in public administration," the bench observed.
The apex court took exception to the manner in which Deshmukh asked authorities not to register any case against the MLA and his family without obtaining clearance from the District Anti Money Lending Committee and legal opinion of theDistrict Government Pleader.
"The said station (Police Station Khamgaon) diary shows that Mr Padwal, PS to the Chief Minister telephoned twice to enquire about 'the information regarding the offence' registered against Sananda and the Section under which the case has been registered.
"The second phone call as recorded in station diary shows that Mr Padwal directed that no action should be taken as instructed by the Chief Minster and no offence should be registered," the bench said pointing out that the committee had no statutory power in screening the cases.
The apex court said law does not accord any special treatment to any person in respect of any complaint having been filed against him when it discloses the commission of any cognisable offence.
"It is clear that the Chief Minister was aware of various complaints being filed against the said family. Even then he passed an order for a special treatment in favour of the said family which is unknown to law.
"This was obviously done to protect the Sananda family from the normal legal process and a special procedure was directed to be adopted in respect of criminal complaint filed against them.
"We cannot shut our eyes to the stark realities. From the National Crime Records Bureau (NCRB), it is clear that close to two lakh farmers committed suicide in India between 1997 and 2008. This is the largest sustained wave of suicides ever recorded in human history, "the bench said.
The bench pointed out that two-thirds of the two lakh suicides took place in the five states of Maharashtra, Andhra Pradesh, Karnataka, Madhya Pradesh and Chhattisgarh.
"Even though Maharashtra is one of the richest states in the country and in its capital Mumbai twenty-five thousand of India's one lakh dollar millionaires reside, the Vidarbha region of Maharashtra, in which is situated Buldhana, is today the worst place in the whole country for farmers," the bench said while expressing its anguish.
The bench said the then Chief Minister's direction to give a special treatment to Sananda and his family about registering of complaint filed against them was totally unwarranted in law.
"Mr Vilasrao Deshmukh as the Chief Minister of state of Maharashtra is expected to know that the farmers of the state specially those in the Vidarbha region are going through a great deal of suffering and hardship in the hands of money lenders," the bench said.
The apex court said that from the affidavit filed by Ambadas, a police officer, it is clear that 34 cases were filed against that family in respect of allegation of money lending.
"This being the ground reality, as the Chief Minister of the state and as holding a position of great responsibility as a high constitutional functionary, Mr Vilasrao Deshmukh certainly acted beyond all legal norms by giving the impugned directions to the Collector to protect members of a particular family who are dealing in money lending business from the normal process of law.
"This amounts to bestowing special favour to some chosen few at the cost of the vast number of poor people who as farmers have taken loans and who have come to the authorities of law and order to register their complaints against torture and atrocities by the money lenders. The instructions of the
Chief Minister will certainly impede their access to legal redress and bring about a failure of the due process," the bench said.
The apex court said that the situation is so pathetic in Vidarbha region that families are holding funerals and weddings at the same time and some time on the same day.
"In a moving show of solidarity poor villagers are accumulating their money and labour to conduct marriages and funerals of their poor neighbours," it said quoting a report in "The Hindu".
The apex court said cases involving pervasive misuse of public office for private gains, which have come to light in last few decades tend to shake the people's confidence and one was constrained to think that India has freed itself from British colonialism only to come in the grip of a new class, which tries to rule on the same colonial principles.
"Some members of the political class who are entrusted with greater responsibilities and who take oath to do their duties in accordance with the Constitution 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," the bench added.