The Supreme Court granted eight weeks’ relief from surrender to a sarpanch of Morena district in Madhya Pradesh convicted in a criminal case, while a bench headed by Chief Justice Surya Kant directed the court to examine his plea.
New Delhi: The Supreme Court granted an eight-week relief from surrender to a sarpanch from Morena district, Madhya Pradesh, who has been convicted in a criminal case.
A vacation bench comprising Chief Justice Surya Kant and Justices J.K. Maheshwari and Augustine George Masih directed the Madhya Pradesh High Court to examine his plea seeking exemption from surrendering.
The bench observed that,
“While considering that application, the high court may sympathetically keep in view the fact that, in the event the petitioner would be required to surrender, there will be a probability of his suspension from the public office to which he has been elected by the majority of the villagers.”
The order came in response to the sarpanch’s challenge against the Madhya Pradesh High Court’s earlier direction stating that, under the Madhya Pradesh High Court Rules, 2008, his criminal revision petition against the Sessions Court’s order would not be heard unless he first surrendered before the trial court.
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The Supreme Court recorded that the petitioner had been convicted and sentenced to two years of rigorous imprisonment along with a fine of ₹500, and that several co-accused were also convicted. His appeal before the Sessions Court was dismissed in February 2023, following which he approached the High Court through a criminal revision petition and also sought exemption from surrender.
The bench also noted that the petitioner made a ‘feeble attempt’ to challenge the validity of the High Court Rules.
Addressing this, the court stated,
“As regards the constitutionality of the Rules, we are not inclined to entertain such collateral prayer in these proceedings. The petitioner, if so advised, may avail the remedy in accordance with the law in that regard.”
Concluding the matter, the bench held that,
“So far as the surrendering of the petitioner as a condition precedent for hearing his criminal revision before the high court, it seems to us that ends of justice will be adequately met with by granting exemption to the petitioner from surrendering for a period of eight weeks. Ordered accordingly.”
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