The Supreme Court on Friday quashed criminal proceedings against veteran Punjab leader late Prakash Singh Badal and his son Sukhbir Singh Badal in a case of cheating and forgery on charges of dual constitutions of their party Shiromani Akali Dal.
In a clean chit to veteran leader and his son, a bench of Justices M R Shah C T Ravikumar held that no ingredients of offences of cheating, forgery and others were made out in the matter.
The pleas before the top court were filed by Sukhbir, Parkash Singh Badal and Dr Daljit Singh Cheema.
Parkash Singh Badal, a five-time former chief minister of Punjab and Akali Dal patriarch, died at a private hospital in Mohali on Tuesday. He was 95.
The petitioners contended 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 that it is not secular.
In its judgement, the court quashed the criminal proceedings pending before Punjab’s Hoshiarpur Court in the alleged case of forgery and cheating filed against them in the controversy over dual constitution of Shiromani Akali Dal.
"To continue the criminal proceedings against the appellants – accused arising out of the complaint and to face the trial by the accused as per the summoning order is nothing but an abuse of process of law and court and this is a fit case to quash the entire criminal proceedings including the summoning order," the bench said.
The bench, however, explained it not expressed anything on the Constitution of Shiromani Akali Dal (Badal) and the present order would not affect the pending proceedings before the High Court of Delhi, against the order passed by the Election Commission.
Hoshiarpur resident Balwant Singh Khera had filed a criminal complaint before the Additional Chief Judicial Magistrate in 2009.
The SAD was accused of submitting two different constitutions, i.e., one with the Gurdwara Election Commission (GEC) and the second with the Election Commission of India (ECI) to seek recognition as a political party.
It was alleged that the party has claimed to be a secular party and given a declaration to abide by the principles of secularism in its constitution filed before ECI, while it contests elections for a religious body, Shiromani Gurdwara Prabandhak Committee, thereby being a religious party.
Senior advocates K V Vishwanathan, appeared for Prakash Singh Badal, and R S Cheema, for Sukhbir Singh Badal.
Advocates Prashant Bhushan and Indira Unninayar appeared for complainant Khera.