Punjab: Supreme Court stays proceedings against Badals, Daljit Singh Cheema

JALANDHAR: The Supreme Court on Tuesday stayed the proceedings before a Hoshiarpur court in the case of alleged forgery and cheating, while amending and submitting constitution of the party to statutory authorities, against former chief minister Parkash Singh Badal, SAD president Sukhbir Singh Badal and party secretary Daljit Singh Cheema.
The criminal complaint against them was filed by Malta Boat Tragedy Probe Mission chairman Balwant Singh Khera in February 2009, on the ground that SAD had two types of constitutions - one submitted by the party with Gurdwara Election Commission (before 2004 election of SGPC) and the other before Election Commission of India.
An SC bench, comprising Justice S Abdul Nazeer and Justice V Ramasubramanian, while hearing petitions challenging the dismissal of quashing petitions against the criminal case, issued a notice and stayed the proceedings in the criminal complaint before the additional chief judicial magistrate, Hoshiarpur.
The lawyers for Badal argued before the court that being religious does not run contrary to the principles of secularism and merely because a political outfit is contesting elections to a gurdwara committee does not mean it is not secular. The criminal case with allegations of forgery and cheating over the constitution of the party filed before ECI and GEC therefore had no basis, the lawyer argued.
Former Punjab Advocate General and senior counsel R S Cheema appeared for Sukhbir, senior advocate K V Vishwanathan appeared for Badal and advocate Sandeep Kapur appeared for Cheema.
Advocate Indira Unninayar, appearing for complainant Khera requested the court to allow her to make brief submissions. The court indicated that she could file her reply and would be heard at a later date. The criminal case was filed against Badal, Sukhbir, then party secretary general Sukhdev Singh Dhindsa, Cheema and party's district Hoshiarpur president, alleging that they were liable to be prosecuted as provided by law under sections 465, 466, 467, 468 and 471 of the IPC. However, the court had later summoned three leaders only - Badals and Cheema.