Rao Shiv Bahadur Singh
Encyclopedia
Rao Shiv Bahadur Singh was an India
n politician with the Indian National Congress
party, who was convicted in 1950 of taking bribes to issue a forged document for a diamond mining firm. He was sentenced to three years imprisonment and expelled from the Congress Party.
He is the father of Arjun Singh
, the former Human Resource Development Minister
in the Manmohan Singh
government.
, Madhya Pradesh
, Shiv Bahadur Singh was the 26th "Rao" of Churhat, a branch of the Rewa
royal line. Around the time of independence, he joined the Congress Party and was one of the leaders of the party in Madhya Pradesh. He also served as minister in the Central cabinet under Jawaharlal Nehru
.
In 1950, Shiv Bahadur Singh was convicted for forging official documents that permitted the closed Panna
Diamond Mining syndicate to resume operations, in return for which he was paid a bribe of Rs. 25,000 by Nagindas Mehta of the firm, on 1949-04-11 at the Constitution House New Delhi
.
The forgeries were backdated to the period when he had been
minister in the then state of Vindhya Pradesh
(before it was merged with
Madhya Pradesh
in 1956). Neither the fact of the bribe nor the forgery
were contested in several subsequent appeals.
In the legal trial, he was initially acquitted by a Special court, but the state
appealed to the Judicial Commissioner (predecessor to the present High
court system) where he was found guilty under articles relating to forgery,
criminal conspiracy, and "illegal gratification by a public servant". He was
sentenced to rigorous imprisonment for three years, while a bureaucrat who
connived in the operation was sentenced for one year.
In the ensuing scandal, Shiv Bahadur Singh was expelled from the Congress
party.
the argument never made the case that he was innocent of the charges. The
judgment in the case, which argued a number of points relating to legal
minutiae, remains an oft-cited legal landmark for these technical questions.
The lawyers for Singh, headed by Rajinder Narain, argued that
Thus the appeal was reversed on all counts, and the case was referred to be heard on the "merits". Since the merits were not contested, Shiv Bahadur Singh remained imprisoned and died while in prison.
He is the father of present Congress party stalwart Arjun Singh
, who has served as Chief Minister of Madhya Pradesh and is currently a Minister in the central cabinet. Interestingly, Arjun Singh was also involved in allegations of fraud involving the Churhat lottery, but beyond claims of disproportionate expenses, nothing has been proved.
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
n politician with the Indian National Congress
Indian National Congress
The Indian National Congress is one of the two major political parties in India, the other being the Bharatiya Janata Party. It is the largest and one of the oldest democratic political parties in the world. The party's modern liberal platform is largely considered center-left in the Indian...
party, who was convicted in 1950 of taking bribes to issue a forged document for a diamond mining firm. He was sentenced to three years imprisonment and expelled from the Congress Party.
He is the father of Arjun Singh
Arjun Singh
Arjun Singh was an Indian politician from the Indian National Congress party. He was the Union Minister of Human Resource Development in the Manmohan Singh cabinet from 2004 to 2009....
, the former Human Resource Development Minister
Ministry of Human Resource Development (India)
The Ministry of Human Resource Development is an Indian government ministry, responsible for the development of human resources...
in the Manmohan Singh
Manmohan Singh
Manmohan Singh is the 13th and current Prime Minister of India. He is the only Prime Minister since Jawaharlal Nehru to return to power after completing a full five-year term. A Sikh, he is the first non-Hindu to occupy the office. Singh is also the 7th Prime Minister belonging to the Indian...
government.
Life
A jagirdaar or landlord from ChurhatChurhat
Churhat is a town and a nagar panchayat in Sidhi district in the state of Madhya Pradesh, India.-Demographics: India census, Churhat had a population of 13,102. Males constitute 54% of the population and females 46%. Churhat has an average literacy rate of 56%, lower than the national average of...
, Madhya Pradesh
Madhya Pradesh
Madhya Pradesh , often called the Heart of India, is a state in central India. Its capital is Bhopal and Indore is the largest city....
, Shiv Bahadur Singh was the 26th "Rao" of Churhat, a branch of the Rewa
Rewa (princely state)
Rewa was a princely state of India, surrounding its eponymous capital, the town of Rewa.-Description:With an area of about 13,000 mi², Rewa was the largest princely state in the Bagelkhand Agency and the second largest in Central India Agency. The British political agent for Bagelkhand resided...
royal line. Around the time of independence, he joined the Congress Party and was one of the leaders of the party in Madhya Pradesh. He also served as minister in the Central cabinet under Jawaharlal Nehru
Jawaharlal Nehru
Jawaharlal Nehru , often referred to with the epithet of Panditji, was an Indian statesman who became the first Prime Minister of independent India and became noted for his “neutralist” policies in foreign affairs. He was also one of the principal leaders of India’s independence movement in the...
.
In 1950, Shiv Bahadur Singh was convicted for forging official documents that permitted the closed Panna
Panna, India
Panna is a city and a municipality in Panna district in the Indian state of Madhya Pradesh. It is famous for its diamond mines. It is the administrative center of Panna District.- History :...
Diamond Mining syndicate to resume operations, in return for which he was paid a bribe of Rs. 25,000 by Nagindas Mehta of the firm, on 1949-04-11 at the Constitution House New Delhi
New Delhi
New Delhi is the capital city of India. It serves as the centre of the Government of India and the Government of the National Capital Territory of Delhi. New Delhi is situated within the metropolis of Delhi. It is one of the nine districts of Delhi Union Territory. The total area of the city is...
.
The forgeries were backdated to the period when he had been
minister in the then state of Vindhya Pradesh
Vindhya Pradesh
Vindhya Pradesh is a former state of India. It occupied an area of 23,603 sq. miles. It was created in 1948, shortly after Indian independence, from the territories of the princely states in the eastern portion of the former Central India Agency. It was named for the Vindhya Range, which runs...
(before it was merged with
Madhya Pradesh
Madhya Pradesh
Madhya Pradesh , often called the Heart of India, is a state in central India. Its capital is Bhopal and Indore is the largest city....
in 1956). Neither the fact of the bribe nor the forgery
were contested in several subsequent appeals.
In the legal trial, he was initially acquitted by a Special court, but the state
appealed to the Judicial Commissioner (predecessor to the present High
court system) where he was found guilty under articles relating to forgery,
criminal conspiracy, and "illegal gratification by a public servant". He was
sentenced to rigorous imprisonment for three years, while a bureaucrat who
connived in the operation was sentenced for one year.
In the ensuing scandal, Shiv Bahadur Singh was expelled from the Congress
party.
Supreme Court Appeal
In 1953, Shiv Bahadur Singh appealed this judgment to the Supreme Court, butthe argument never made the case that he was innocent of the charges. The
judgment in the case, which argued a number of points relating to legal
minutiae, remains an oft-cited legal landmark for these technical questions.
The lawyers for Singh, headed by Rajinder Narain, argued that
- there was no specific provision that the State could appeal the decision of the lower court. While this may be a lacuna in the law, it should be respected. This contention was overruled, looking at the spirit of the text pertaining to appeals.
- the criminal laws under which they were convicted were legislated in September 1949, whereas the crime occurred in March, thus the law was not "in force at the time of the commission of the act" (Article 20 of the constitution). However, this was overruled since the " criminal law relating to the offences charged against the appellants at the time of their commission was substantially the same as that which obtained at the time of the convictions".
- that the bribe was taken in Delhi, which is outside the jurisdiction of the Vindhya Pradesh court that tried him (this was also overruled).
Thus the appeal was reversed on all counts, and the case was referred to be heard on the "merits". Since the merits were not contested, Shiv Bahadur Singh remained imprisoned and died while in prison.
He is the father of present Congress party stalwart Arjun Singh
Arjun Singh
Arjun Singh was an Indian politician from the Indian National Congress party. He was the Union Minister of Human Resource Development in the Manmohan Singh cabinet from 2004 to 2009....
, who has served as Chief Minister of Madhya Pradesh and is currently a Minister in the central cabinet. Interestingly, Arjun Singh was also involved in allegations of fraud involving the Churhat lottery, but beyond claims of disproportionate expenses, nothing has been proved.