The Supreme Court on Monday 29 December 2025 gave temporary relief to an elected village head from Madhya Pradesh, allowing him eight weeks of exemption from surrendering to custody while his criminal revision remains pending before the High Court. The bench noted that forcing surrender at this stage could have serious consequences, including suspension from an elected public office.
Background of the Case
The case concerns Nihal Singh, an elected Sarpanch of Gram Panchayat Maanpur in Morena district. He was convicted in a 2008 criminal case under Sections 325 read with 149 and Section 147 of the Indian Penal Code, which relate to causing grievous hurt with unlawful assembly and rioting.
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Singh was sentenced to two years of rigorous imprisonment along with a fine of ₹500. His appeal against the conviction was dismissed by the Sessions Court in February 2023. Following this, he approached the Madhya Pradesh High Court at Gwalior by filing a criminal revision.
During the pendency of that revision, Singh sought exemption from surrendering before the trial court. However, the High Court cited the Madhya Pradesh High Court Rules, 2008, and held that the revision could not be heard unless the petitioner first surrendered.
Aggrieved by the High Court’s stance, Singh moved the Supreme Court through a Special Leave Petition. His counsel argued that insisting on surrender even before the revision is heard would cause irreparable harm, especially since he is holding an elected post.
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A limited attempt was also made to challenge the constitutional validity of the High Court Rules that mandate surrender as a precondition.
Court’s Observations
The vacation bench of the Supreme Court declined to entertain the challenge to the constitutionality of the High Court Rules within these proceedings. The bench made it clear that such an issue could be raised separately through appropriate legal remedies.
However, on the core issue of surrender, the Court took a pragmatic view. “Ends of justice,” the bench observed, would be adequately met by granting the petitioner temporary exemption from surrender.
The Court also drew attention to the practical fallout of an immediate surrender. It noted that if Singh were compelled to surrender, “there will be a probability of his suspension from the public office to which he has been elected by the majority of the villagers.”
Granting relief for eight weeks, the Supreme Court directed that Singh need not surrender during this period. At the same time, it requested the High Court to take up and decide his pending application seeking exemption from surrender.
The bench asked the High Court to consider the matter “sympathetically,” keeping in mind the petitioner’s status as an elected representative and the possible impact on local governance.
Decision
With these observations, the Supreme Court disposed of the Special Leave Petition and all pending applications, granting interim protection to the petitioner while leaving the final decision on surrender to the High Court.
Case Title: Nihal Singh v. State of Madhya Pradesh & Ors.
Case No.: SLP (Criminal) Diary No. 73496/2025
Case Type: Criminal – Special Leave Petition
Decision Date: 29 December 2025
