Political Vendetta

Posted on by Rudrajyoti Nath Ray

Bhagwati, CJ in Sheonandan Paswan v. State of Bihar, (1987) 1 SCC 288 observed, a complaint being initiated by reason of political vendetta is not in itself a ground for quashing criminal proceedings. It is well-established, a criminal prosecution, if otherwise justified and based upon adequate evidence, does not become vitiated on account of mala fides. There was no difference of opinion with Bhagawti, CJ’s finding in Sheonandan Paswan. If use of power is for fulfillment of a legitimate object, actuation or catalysation by malice is not legicidal [Krishna Iyer, J in State of Punjab v. Gurdial Singh, (1980) 2 SCC 471].

– Hon’ble Justice Indira Banerjee, Ramveer Upadhyay v. State of U.P., [Special Leave Petition (Ciminal) No. 2953 of 2022].

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