‘Case against Sukhbir Badal fake’: Supreme Court dismisses Punjab’s appeal

New Delhi, January 12

Terming it a “fake case”, the Supreme Court on Friday dismissed the Punjab Government’s petition challenging a Punjab and Haryana High Court order quashing an FIR against Shiromani Akali Dal (SAD) chief and former Deputy CM Sukhbir Badal.

Accused of threatening mining staff in 2021

The prosecution had alleged that Badal threatened employees of a mining company and obstructed its legal operations at the desilting site in the riverfront town of Beas when Covid restrictions were also in place. The FIR was lodged against him on July 1, 2021, at Beas police station.

“No case for interference with the high court order is made out. The Special Leave Petition is dismissed,” a Bench led by Justice Abhay S Oka said, dismissing the Punjab Government’s petition against the August 4, 2023, order of the Punjab and Haryana High Court quashing the FIR lodged against Badal on July 1, 2021, at Beas police station.

The FIR was registered against Badal under the Epidemic Diseases Act, 1897, and for disobedience to an order by a public servant, causing obstruction, criminal intimidation and unlawful activities over allegations that he obstructed the mining operations of a private company in Beas town of Amritsar district.

As the government counsel said the high court wrongly quashed the FIR, the Bench noted that the high court perused the documents and concluded that none of the offences was made out.

“Just because a person, who is a political leader, went there to inspect the spot or something else, he was booked. None of the elements of the offences alleged is made out…it was undoubtedly a fake case,” the Bench told the Punjab Government counsel.

The Bench — which also included Ujjal Bhuyan — wondered why the complainant in the case didn’t approach the top court and only the Punjab Government had challenged the high court order quashing the FIR.

“Interestingly, the complainant is a mining company and it has not appealed against the high court order. Only the state government has challenged it. Why?” Justice Oka asked.

The prosecution had alleged that Badal threatened the employees of the mining company and obstructed its legal operations at the desilting site when Covid restrictions were also in place.

The high court had quashed the FIR, noting that the offences Badal was accused of didn’t make a case to prosecute him. It had taken note of Badal’s claim that he had visited to check the reality about allegations of illegal mining.