Illegal land purchase case: SC stays Bom HC order for FIR against Maha MLC Dhananjay Munde

The Supreme Court Friday stayed Bombay High Court's order directing registration of a case against NCP leader and Maharashtra MLC Dhananjay Munde for alleged illegal purchase of government land.

The top court said that plenary power of the high court under Article 226 of the Constitution is not 'Ram Baan' and needs to be used sparingly.

A vacation bench of Justices Ajay Rastogi and Surya Kant also sought reply from the Maharashtra government on the plea filed by Munde seeking stay on the high court order directing police to file a case against him for allegedly purchasing a land at Pus village in Ambajogai tehsil of Beed district.

"What is troubling us is the exercise of power under Article 226 of the constitution by the high court in a matter like this. There are no reasons given for use of such powers. The plenary powers of the high court has to be used sparingly. It's not a 'Ram Baan' (panacea)," the bench observed.

At the outset, senior advocate Amrendra Sharan, appearing for Munde informed the court that state police has registered the FIR against him in pursuance of the High Court's order.

"Both the complaint and the FIR needs to be quashed. No complaint is made out and police has earlier said that no case is made out," the bench said.

Senior advocate Huzefa Ahmadi, appearing for the complainant in the case opposed the contention said that high court was right in ordering for registration of case as police has refused to lodge an FIR against Munde who is a very influential political person.

To this, the bench said, "What is so exceptional about this case that high court was forced to exercise its plenary powers guaranteed under Article 226 of the Constitution in disregard to the CrPC provisions."