Plea in SC to review quashing of proceedings in SAD dual constitution case
Petition by activist Balwant Singh Khera’s counsel says judgment contained “serious errors” that had resulted in “grave miscarriage of justice” by “aborting” an important criminal trial despite crucial evidence against the Shiromani Akali Dal leaders.
A fresh petition has been filed in the Supreme Court for review of its April 28 judgment that quashed criminal proceedings against Shiromani Akali Dal patriarch and former Punjab chief minister Parkash Singh Badal, his son Sukhbir Singh Badal and senior leader Daljit Singh Cheema. The proceedings were pending in a Hoshiarpur court in an alleged case of forgery and cheating relating to dual constitution of the party, filed by activist Balwant Singh Khera.
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The petition by Khera’s counsel Indira Unninayar says that the judgment contained “serious errors” which had resulted in “grave miscarriage of justice” by “aborting” an important criminal trial despite crucial evidence against the accused.
Dissatisfied with the orders passed by the Punjab and Haryana high court by which the latter had dismissed the SAD leaders’ application under Section 482 of the Criminal Procedure Code for setting aside summoning orders passed by the Hoshiarpur court to face trial under Sections 420, 465, 466, 467, 468, 471 read with 120B, IPC, the Supreme Court had quashed the same.
The petitioner submitted that issues involved in the case were serious as the SAD had used two party constitutions to meet the eligibility conditions for registration as a political party under the Representation of the People Act, and also as a religious outfit to contest the gurdwara elections and committed a fraud by giving a false undertaking to the Election Commission of India.