PADMAKAR BALKRISHNA SAMANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioners, Padmakar Balkrishna Samant, Mrinal K. Gore, Kamal V. Desai and Jagannathrao S. Jadhav, have moved this Court for initiation of proceedings for the offence of perjury against Shri A. R. Antulay, in this Criminal Writ Petition.

(2.) THE factual matrix is as under: writ Petition No. 1490 of 1981 and Writ Petition No. 1495 of 1981 were filed by Madhu R. Dandavate, and 5 others and by the present petitioners, respectively, against Shri A. R. Antulay and others. The gravamen of the complaint in these writ petitions was that Shri A. R. Antulay (hereinafter "the respondent") misused his position and power as the Chief Minister of Maharashtra, in collusion with Shri R. W. Adik, who was, at the relevant time, the Finance Minister and created fictitious trusts and appointed trustees who were his friends and relations. The respondent gave an impression that the trusts were created by the Government of Maharashtra and large amounts were secured from the Government as well as from several organisations. The six trusts so created were as under:---

(3.) THE present petitioners, in Writ Petition No. 1495 of 1981, prayed for the following declarations and directions:-