Can one file IPC 420 case against ministers who may have cheated people?

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There are no ready answers. But I remember that two cases were filed against late Prime Minister Shri P.V. Narshimah Rao.

One case was filed by an NRI Lakhubhai Pathak.

He alleged that he made some payment to a middleman, on being assured of some benefits. But later, it did not happen.

He complained being cheated. IPC 420.

On death of Lakhubhai, this case was closed.

Another case I remember, in Rajkot in Gujarat, someone filed complaint against Shri Rao that certain election promises were made but not fulfilled.

He complained Cheating. IPC 420.

The Brave Magistrate issued summons against the then Prime Minister of India.

But next-day, his superior judge, cancelled his order and then cancelled case itself.

I remember only these two cases where criminal law IPC 420 was invoked against ministers who may have violated Poll Promises or other promises.

The Lawyers need to evolve law on this issue. The public wants to know more.

Haresh Raichura
14/9/2012

Will #Coalgate PIL succeed in SC? What are the main hurdles ?

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Popular expectations are high. People want Supreme Court to quash entire Coal blocks allotments.

I will be glad if Supreme Court cancels all allotments of coal blocks.

But to do so:

1) Supreme Court will have to hear each and every allottee of coal blocks. This will become a clumsy petition.

2) Some allotment has become final and approved at High Court level. These High Court judgements cannot be cancelled in PIL. Separate SLP need to be filed for such purpose.

3) Supreme Court will act if it will find that Govt is Doing Nothing. But if Govt has initiated process, to cancel those allotments, Supreme Court will not like to hijack this process.

4) Procedure of setting a Screening Committee itself is faulty. If this is challenged, then only Supreme Court can cancel all allotments done by Screening Committee.

5) Problems of equity will arise. What to do about genuine cases where millions of rupees of bank and people are invested?

6) What will be benefits and losses to people if the whole process is cancelled? For how many years limitations? What if allotment is done more than three years ago or 9 years ago? How far court can go?

Haresh Raichura

14/9/2012