The Supreme Court on Friday stayed the execution of a Madhya Pradesh High Court verdict that had directed registration of a first information report (FIR) and constitution of a Special Investigation Team (SIT) within three days against Congress MLA Arif Masood in connection with a forgery case. He was accused of getting recognition for Indira Priyadarshini College, Bhopal, with fabricated documents. The Bhopal Commissioner of Police was also directed to file an FIR within given time and inform the court about it. Following this, a case of fraud through forged documents was registered against Congress MLA Arif Masood at Kohefiza Police Station in Bhopal. Moreover, the court had banned new admissions at Indira Priyadarshini College. Masood is the Secretary of the Aman Education Society running the college. A three-member team under the leadership of ADG Sanjeev Shami had to conduct the investigation.

 

The High Court had also said that SIT should submit its investigation report within three months. This prompted the college to move the Supreme Court. On Friday, a bench of Justice J K Maheshwari and Justice Vijay Bishnoi of the Supreme Court issued notice on the appeal filed by the college and ordered that all directions contained in specified para of the High Court’s August 18 order would remain stayed until further consideration. Senior advocates Kapil Sibal and Vivek Tankha appeared for the college. The college told the Supreme Court that the High Court acted beyond the scope of the writ petition, as the FIR and SIT orders were neither sought nor connected to the relief prayed for. It argued that the solvency records, forming the basis of the allegations, had been destroyed under the prescribed retention policy and that a criminal investigation would be futile.

 

The Supreme Court eventually stayed the directions of the High Court against Masood while keeping alive the issue of de-recognition of the college, which continues to be monitored by the High Court. Notably, the Higher Education Department had cancelled the recognition of the college after the High Court’s order, but keeping students’ interests in mind, studies were continued. Recently, the Department of Higher Education had revoked the college’s recognition. However, the court allowed the college to continue operating in view of students’ interests and it ordered ban on new admissions. A look at the chronology highlights, in 2004-2005 too, High Court slammed Government for being lenient on this college and stated action must be taken against the accused for submitting forged documents. Though the High Court stayed the State Government’s June 9, order de-recognising the institution, it went further and ordered coercive measures against Masood, the college’s secretary.