Nitiriti News Bureau
New Delhi, Nov 1.
The Supreme Court on Tuesday stayed proceedings of forgery and cheating initiated against former Punjab CM Prakash Singh Badal and his son Sukhbir Singh Badal over the alleged filing of two separate Constitutions of the Shiromani Akali Dal before two different fora i.e., the Election Commission and the SGPC.
Hoshiarpur resident Balwant Singh Khera filed a criminal complaint against the SAD leaders, including Daljit Singh Cheema, before the additional chief judicial magistrate in 2009. He accused them of filing two different Constitutions, one to the poll panel and another to the highest Sikh temporal body, the SGPC.
The complaint contended that the SAD cannot seek recognition as a political party from the Election Commission by declaring itself secular before it while contesting religious elections to the SGPC as a religious party. This amounted to cheating and forgery as no one could claim to be secular and religious at the same time, the complaint alleged.
The SAD leaders moved the Punjab and Haryana High Court order against these proceedings in the lower court but did not get any relief. The Aug 28, 2021, order denying them any relief was passed by Justice G.S. Sandhwalia. The SAD leaders then approached the Supreme Court, through law firm Karanjawala and Co.
Today, a bench comprising Justices S. Abdul Nazeer and V. Ramasubramanian, issued notices on the appeals and stayed the proceedings in the Hoshiarpur court. The Badals were represented in the court by senior advocates K.V. Vishwanathan and Sukhbir Singh Badal. Cheema was represented by advocate Sandeep Kapur.
The SAD argued that being religious was not inconsistent with being secular as well. Merely because a political outfit contested elections to a gurudwara committee does not mean that it is not secular, the SAD argued. The allegations against the party were without any basis, their counsels contended.
Khera was represented in the case by advocate Indira Unninayar. She will have to reply to the court notices issued today before the issue is examined on merits by the top court.
