M A I N   N E W S

Supreme Court stays trial of Badals
S.S. Negi
Our Legal Correspondent

New Delhi, October 4
In a major relief to former Punjab Chief Minister Parkash Singh Badal in the Rs 78 crore disproportionate assets (DA) case, the Supreme Court today stayed the trial proceedings against him and his son Sukhbir Singh and referred their petition to a Constitution Bench, saying it has raised an “important” question of law whether prior sanction for prosecuting a public servant was mandatory.

While issuing notices to the Punjab Government and state Chief Minister Amarinder Singh, on a special leave petition (SLP) by Badals, a Bench of Mr Justice N. Santosh Hegde and Mr Justice P.P. Naolekar said the matter needed to be decided by a Constitution Bench, which is already seized of three identical cases of former Kerala Chief Minister K. Karunakaran, Punjab Deputy Chief Minister Rajinder Kaur Bhattal and former Punjab Minister Gurdev Singh Badal.

The Punjab Government and Capt Amarinder Singh were directed to submit their replies within four weeks. Badal and his son Sukhbir Singh, MP, in their SLP had challenged their prosecution before the Special Court at Ropar by Punjab Vigilance Bureau without proper sanction from competent authorities and the Punjab and Haryana High Court order upholding the trial proceedings.

“There shall be stay as prayed for (by Badals) as an important question of public interest has been raised (in the SLP). These are fit cases to be disposed of by the Constitution Bench as early as possible,” the Court said.

The Bench also rejected the arguments of Punjab counsel, senior advocate V R Manohar that the trial could not be stayed even if Badals’ SLP is referred to the Constitution Bench. “If proceedings are stayed in the three other cases, there is no reason why it cannot be stayed in this case,” the Court observed.

Punjab Government counsel contended that Badals’ case could not be equated with the three referred cases as there was sanction for the prosecution of former Punjab Chief Minister. The Punjab Government had placed on record before the trial court a letter from the Assembly Speaker according sanction for his prosecution. The trial court and the High Court had held that no sanction was required against Sukhbir Singh.

But this was challenged by Badals’ counsel Harish Salve, who said the so called sanction of Speaker was a “defective” sanction.

The SLP had stated that Badal was the Leader of the Opposition in the Punjab Assembly, holding the status of a Cabinet Minister at the time of launching of prosecution against him and the sanction should have been from a competent authority and in the case of Sukbbir Singh, it should have been from the Rajya Sabha Chairman as he was then MP of the Upper House.

Citing from various earlier judgments of the apex court in a bid to make a case for not staying the trial, Punjab’s counsel insisted that “sanction was there”.

However, the Court did not agree with him and said “let the law (on sanction) be decided first and then proceed with the matter (before trial court).”

Badal welcomes SC stay on cases
Tribune News Service

Kapurthala, October 4
Reacting to the Supreme Court’s stay on cases against him and his family, the SAD chief, Mr Parkash Singh Badal, said today that he and his family had full faith in the judiciary and expressed hope that whatever the latter would do, would be legal, purely on merit and all the “wrongdoings” would be set in order in due course.

Mr Badal also criticised Capt Amarinder Singh and said he had been complaining all the way that “this man” would never give them justice and that the Vigilance Bureau was virtually being run as per the wishes of the Congress leaders and the government.

Talking to mediapersons at the residence of Akali leader Karan Bawa, Mr Badal said the development had no direct bearing on the poll scene.

“People of the state have already reacted and shown their displeasure during the last Lok Sabha elections, when our party won 11 of the 13 seats. People have given verdict that he (Capt Amarinder) was vindictive and was behind registration of false cases against the Opposition,” said Mr Badal.

He said the Vigilance Bureau was being run as per the wishes of Congress leaders and the government. “It is their agency. They do whatever is dictated to them by the government.”

To another question as to whether he would like the cases against him and his family to be investigated by some other agency, Mr Badal said, “I can hardly say anything at this juncture as the matter is pending in the apex court.”

Badal to present SC order in Ropar court
Tribune News Service

Ropar, October 4
Former Chief Minister of Punjab Parkash Singh Badal will file the order of the Supreme Court, which stayed the proceeding in the disproportionate assets case going on against him and his family members, in the Special Court, Ropar, where the hearing of the case was due in two days.

Talking to The Tribune Badal’s counsel said a Bench comprising Mr Justice N. Santosh Hegde and Mr Justice P.P. Naolekar today stayed the proceedings pending in a Ropar court against Mr Badal and others.

He said the case against Badals was fixed for hearing in the Special Court of Mr S.K. Goel on October 6.

“We will file the Supreme Court order either tomorrow or on the date of hearing,” he said. The apex court’s order is being considered as a major setback to the Vigilance Bureau, Punjab, which was keen on getting charges framed against Badals before the Assembly byelections.

After 20 hearings in the case, the Ropar Special Court, on September 30, fixed October 6 as the date of hearing in the case for considering the framing of charges and arguments on five different applications moved by them.

The present case against the Badals was registered by the Vigilance Bureau on the basis of a complaint filed by Mr Balwant Singh. He had alleged that the Badals and their friends had amassed huge wealth in an illegal manner during 1997-2002, the period during which Mr Badal was the Chief Minister.

Besides Mr Parkash Singh Badal, his wife Surinder Kaur Badal and son Sukhbir Singh Badal, three co-accused, Mr Narottam Singh Dhillon, Mr Harbans Lal and Mr Jagnandan Singh, all ‘close associates of the Badal family’, were named in the challan.