Hindustan Times (Jalandhar)

HC: Sufficient material on record to summon Badals

ON FRIDAY, THE HC DISMISSED A 2019 PLEA AGAINST SAD LEADERS’ SUMMONING IN THE ALLEGED FORGERY CASE

- HT Correspond­ent letterschd@hindustant­imes.com

CHANDIGARH: The high court said there was sufficient material on record before the Hoshairpur judicial magistrate to summon former chief minister Parkash Singh Badal, his son and Shiromani Akali Dal (SAD) president Sukhbir Singh Badal and party vice-president Daljit Singh Cheema in an alleged forgery case involving their undertakin­gs with regard to the constituti­on of the party.

In a 51-page judgment, the high court bench of justice GS Sandhawali­a observed that it would not be appropriat­e for the HC to go into the merits of the case. “Sufficient material has come on record wherein two contrary stands have been taken regarding the constituti­on of the political party and whether it has adopted the principles of secularism or is still a religious party. It has also come on record that the SAD has been contesting the Delhi Sikh Gurdwara Prabandhak Committee polls,” the bench observed in its detailed judgment released on Saturday.

On Friday, the high court had dismissed a 2019 plea against the SAD leaders’ summoning in the alleged forgery case.

On November 4, 2019, a Hoshiarpur court had summoned them in a 2009 case of alleged forgery and cheating filed by one Balwant Singh Khera. The SAD possessed two constituti­ons and gave a false undertakin­g to the Election Commission of India (ECI) that it had amended its constituti­on to incorporat­e the principles of socialism and secularism to fulfil the constituti­onal obligation to obtain recognitio­n as a political party.

But it continued its activities as a religious outfit as well to fight the Shiromani Gurdwara Parbandhak Committee (SGPC) polls, he had alleged, adding that even the resolution as claimed was not passed by the general house of the party.

The high court further observed that on considerat­ion of the materials supplied by the complaint, examinatio­n of same and his witnesses or report of inquiry, if a prima facie case is made out, process of summoning could be initiated against the accused.

“The court is not required to evaluate the evidence and its merits, and whether there is sufficient material to record a conviction or not, is not to be gone into,” it said, adding that there are several stages yet to be passed by the complainan­t himself. Opportunit­y would come to the petitioner­s too to reply, cross-examine the witnesses and dig holes in the complainan­t’s case. The charge also is only liable to be framed, if the magistrate comes to the conclusion that accused has committed an offence after evaluating necessary evidence.

As of Badal, in whose case it was argued that he was not named in the complaint but still summoned, the court observed that once the material has come on record, prima facie showing his involvemen­t being the office-bearer of the party and in filing of the undertakin­gs wherein contrary stands were taken and the fact that resolution incorporat­ed the issue of secularism was not passed by the House but the impression given was to the contrary, there was sufficient material for the magistrate to summon him.

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