Rajasthan HC Quashes FIRs Against Independent MLA Ganesh Raj Bansal
Key Highlights
- The legal dispute originated from an administrative decision made in October 2003 regarding the issuance of land title leases on government-owned properties.
- Petitioner Ganesh Raj Bansal was taken into custody by the CID-Crime Branch (CID-CB) of the Rajasthan Police on September 20 just prior to local urban body leadership polls.
- Despite the arrest, supporters secured a commanding majority in the Hanumangarh Municipal Council, electing Manju Rinwa as chairperson and Sonu Bansal as deputy chairperson.
- Justice Ashok Kumar Jain of the Rajasthan High Court Single Judge Bench at Jodhpur emphasized the presence of an inordinate delay in initiating criminal proceedings.
- The High Court intervened urgently by setting up special benches during late hours to hear petitions filed by various local councillors seeking protection against coercive police action.
Exam Quick Facts
Ministry of Home Affairs (At the Central level) / Department of Home, Government of Rajasthan
Rajasthan High Court, CID-Crime Branch (CID-CB) Rajasthan, Hanumangarh Municipal Council
Article 226 of the Indian Constitution (Power of High Courts to issue certain writs), Section 482 of CrPC / corresponding provisions of Bharatiya Nagarik Suraksha Sanhita (BNSS) regarding quashing of FIRs, and principles relating to inordinate delay in criminal jurisprudence.
The writ jurisdiction of High Courts under Article 226 is wider than that of the Supreme Court under Article 32, as High Courts can issue writs for enforcement of fundamental rights as well as for 'any other purpose' including statutory rights and quashing of malicious criminal proceedings.