The Supreme Court on Friday refused to entertain a petition, which challenged the nomination of Union Civil Aviation Minister Jyotiraditya Scindia for hiding information about criminal cases pending against him while filing his papers for the Rajya Sabha elections.
The Bench led by Justice Hrishikesh Roy refused to interfere with the March 17 verdict of the Madhya Pradesh High Court, which had refused to direct the state police to register an FIR against Scindia for allegedly concealing information regarding the cases pending against him in papers.
Petitioner Govind Singh alleged that the Minister had not disclosed particulars or information regarding the registration of FIR against him and others in 2018.
On March 17, 2023, the single-judge Bench of Justice Dipak Kumar had observed that by order dated September 26, 2018, while deciding the application filed under Section 156(3) of CrPC, a direction was given by special judge (MP and MLA), Bhopal, MP for registration of FIR, which did not amount to taking cognisance.
In terms of Chapter XII of CrPC, simply a direction for registration of FIR did not amount to taking cognisance under Section 190 and/or Section 200 of CrPC. In this situation, mere registration of FIR did not come within the category of pending criminal case, it added.
The High Court further said that besides this, as per the provisions of Act of 1951, it was not mandatory or necessary that a candidate contesting the election in question, should disclose registration of FIR.
At the time of submission of the nomination form, respondent No.1 had neither any knowledge about the registration of FIR nor about any notice issued against him under Section 41-A of CrPC.
Since he had no knowledge about the registration of FIR, there was no occasion for the respondent no. 1 to disclose the same, it observed and directed the petitioner to approach police for the registration of an FIR instead of seeking directions from the High Court.