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Synopsis

The Supreme Court today allowed the appeal filed by former Chief Minister Prakash Singh Badal, his son and Shiromani Akali Dal (SAD) President Sukhbir Singh Badal in a case of alleged forgery of the alleged dual constitution of the SAD. 

A bench led by Justice MR Shah pronounced the order in petitions challenging the dismissal of petitions by High Court which sought quashing of criminal case against them before Punjab's Additional Chief Judicial Magistrate by a resident of Hoshiarpur.

Court said, “Ingredients of offences (cheating and forgery) not made out. Summoning order nothing but an abuse of law.”

It added, “Before parting we would like to say, We have not expressed anything on SAD Constitution and quashed summons (against Parkash And Sukhbir Singh Badal) only on the grounds stated as such.”

It was the complainant’s case that SAD had submitted two different constitutions and though the party claimed to be secular, it continued to contest elections for a religious body, i.e. the Shiromani Gurdwara Prabandhak Committee.

Earlier, Badal's lawyer had told court that the criminal case alleging forgery and cheating had no basis as being religious does not run contrary to the principles of secularism and the top court had stayed the ongoing proceedings against them in a Hoshiarpur court.

According to HT, on August 27, the Punjab and Haryana high court disposed of a petition by the SAD against the proceedings of the Hoshiarpur court, saying there was sufficient evidence before the judicial magistrate to summon Badal, Sukhbir and Cheema on their undertakings regarding the party’s constitution. 

 

Case Title: Sukhbir Singh Badal, Prakash Singh Badal Vs Balwant Singh Khera