Today, On 22nd August, the Supreme Court stayed the Madhya Pradesh High Court’s order directing the registration of an FIR and formation of a Special Investigation Team against Congress MLA Arif Masood in a forgery case.
New Delhi: The Supreme Court issued a stay on a Madhya Pradesh High Court ruling that ordered the registration of a first information report (FIR) and the formation of a Special Investigation Team (SIT) against Congress MLA Arif Masood in a forgery case.
This decision followed the High Court’s investigation into allegedly forged solvency certificates submitted by Indira Priyadarshini College in Bhopal, where Masood serves as Secretary of the managing society.
A Bench comprising Justices JK Maheshwari and Vijay Bishnoi issued a notice regarding the appeal filed by the college and ordered that the directives in paragraph 13 of the High Court’s August 18 ruling would remain on hold pending further review.
The case originated from an inquiry into solvency certificates provided by the college in 2004-2005 to obtain recognition. While the High Court suspended the State government’s June 9 order to de-recognize the institution, it also mandated punitive measures against Masood, the college’s secretary.
The FIR was filed at Koh-e-Fiza police station under relevant sections of the Indian Penal Code, including:
- Section 420 (Cheating)
- Section 471 (Using forged documents as genuine)
The High Court remarked that Masood should have faced consequences much earlier for submitting falsified documents.
The High Court stated,
“The Secretary of the petitioner society should have been jailed in the year 2004 itself for having placed a fabricated document for the purpose of solvency and having received affiliation for his college on the basis of that document,”
It further criticized State authorities for permitting the college to continue operations, suggesting that their leniency was dubious.
The court added,
“The State was outrageously magnanimous to condone his crime and give another opportunity to him to place another document to establish solvency, ‘preferably genuine’ this time round (sarcasm intended),”
The High Court also implied that Masood’s political connections had shielded him from facing consequences.
“Prima facie, it appears that the Secretary of the society was a blue-eyed boy of the dispensation that existed before 2024. The party in power in the State has been the same for more than two decades. However, the captain of the ship changed in the year 2023, when the woes of the petitioner college commenced from 2024.”
In its ruling, the High Court ordered that criminal proceedings be initiated against Masood and requested that the Director General of Police in Madhya Pradesh form an SIT to oversee the investigation, ensuring that a final report is filed within three months. This led the college to appeal to the Supreme Court.
The college contended that the High Court overstepped its authority, as the FIR and SIT orders were not requested nor related to the relief sought.
It argued that the solvency records, which were central to the allegations, had been destroyed under the required retention policy, making a criminal investigation unnecessary.
The Supreme Court ultimately stayed the High Court’s directions against Masood while allowing the issue of the college’s de-recognition to remain active, which continues to be monitored by the High Court.
Senior Advocates Kapil Sibal and Vivek Tankha represented the college in this matter, with the petition filed through advocate Sumeer Sodhi.
Case Title: Indira Priyadarshani College Bhopal vs. The State of Madhya Pradesh & Ors.