M A I N   N E W S

HC dismisses plea against Harbhagwan
Tribune News Service

Chandigarh, September 13
The Punjab and Haryana High Court today refused to proceed against senior advocate Harbhagwan Singh in the Sehajdhari voting rights case.

Dubbing as “premature” an application filed by the SGPC for his prosecution, a full bench of the high court dismissed the plea.

Harbhagwan Singh had told the full bench he was appearing for the Centre and the impugned notification debarring Sehajdhari Sikhs from voting in the SGPC elections stood withdrawn. But, the Centre the very next day had clarified that the notification was still in force.

Justice MM Kumar, Justice Alok Singh and Justice Gurdev Singh observed in the open court that an application had been filed under Section 340 of the CrPC for initiating prosecution proceedings against senior advocate Harbhagwan Singh and his “co-conspirators” for an offence under Section 193, read with Section 120-B, of the IPC.

Section 193 deals with punishment for false evidence, while Section 340 lays down guidance for the court, which desires to initiate prosecution for an offence covered under Section 195.

The Bench said it felt there were no findings as yet, recorded by any court of competent jurisdiction on any unauthorised statement made by the senior counsel who had appeared for the Union of India.

It added that in the absence of a firm finding recorded by the court, the provisions of Section 340 CrPC could not be invoked. Taking note of assertions by the counsel for the petitioner, the Bench asserted: “We are of the considered view that it is well-settled by catena of judgments of the Supreme Court that before exercising the jurisdiction under Section 340 of the CrPC, the court has to take great care and caution, even if the application alleging the commission of an offence under Section 195 (1) (b), CrPC, has been filed.

“The court should not ordinarily act in haste to file a complaint without first ensuring that it would result into the conviction of the accused. In view of this, and taking into account the fact that the proceedings for recalling the orders (passed after Harbhagwan Singh’s statement) dated September 1 are in progress, we dismiss the application as premature at this stage with liberty to the SGPC to file afresh as and when the cause of action arises”.