Chandigarh, December 8
Former Deputy CM Sukhbir Badal has moved the Punjab and Haryana High Court, seeking the quashing of a complaint alleging defamation and other offences.
Directions have also been sought for quashing the summoning orders and non-bailable warrants. The petition filed through counsel HS Brar is scheduled to come up for hearing before Justice Jaishree Thakur on Wednesday.
In the petition against Rajinder Pal Singh, spokesperson for religious organisation, Brar submitted that the complaint under Sections of the IPC dated January 31, 2017, and the subsequent orders were an abuse of the process of law. Brar said the magistrate summoned Sukhbir in a casual manner against the settled law. Bailable warrants were issued without following the procedure laid under the provisions of the CrPC.
He said necessary ingredients to constitute the offence of defamation were missing in the case as the intention to harm and mens rea was a condition precedent to constitute the offence. Besides, the magistrate at Chandigarh did not have the territorial jurisdiction to try and adjudicate the complaint. — TNS
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