Lawstreet Journal

SC Reserves Judgement On Review Petition Filed By Former CM Of Maharashtra Devendra Fadnavis

Lawstreet Journal 18 Feb 2020 10:32pm

Image courtesy: Lawstreet Journal Judiciary SC Reserves Judgement On Review Petition Filed By Former CM Of Maharashtra Devendra Fadnavis

On February 18, 2020 Supreme Court bench comprising Justices Arun Mishra, Deepak Gupta and Aniruddha Bose reserved judgement on the review petition filed by Ex-CM Devendra Fadnavis. Fadnavis sought judicial review of the Supreme Court’s 2019 judgement which set aside the clean chit given to him by Bombay High Court and Trial Court on allegation of violation of Section 125A of Representative of People Act, 1951.

Senior Advocate Mukul Rohatgi, representing Fadnavis requested Apex Court to uphold Bombay High Court's judgement which gave a clean chit to the accused on the allegation of not disclosing two pending criminal cases against him in his 2014 polls affidavit. He argued that charges were only levelled against him but he was not convicted of same offence and as per section 33A (1) of the Representation of the People Act, 1951, there was no requirement to furnish information regarding a criminal case unless charges have been framed by the trial court. So, it was not required to be mentioned in the affidavit submitted along with Form 6 for nomination in 2014 polls. He argued that mere taking of cognizance by the court was not a reason to reveal the criminal case and further asked the question to the bench "What if cognizance was taken in an offence yesterday and I file my poll affidavit tomorrow?"

"This will seal my fate. It is an important question as it affects Article 21. This is a matter which requires a re-look," Rohatgi told the bench.

Opposing counsel Satish Ukey sought… Continue Reading...

Tagged: Devendra Fadnavis  
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