The Supreme Court on Friday quashed criminal
proceedings against Shiromani Akali Dal (SAD) patriarch Parkash Singh Badal,
who died two days ago, and his son Sukhbir Singh Badal in a forgery case,
saying the summons issued by the trial court was "nothing but abuse of process
of law".
A bench of justices M R Shah and C T Ravikumar,
which had reserved its verdict on a batch of pleas filed by the Badals and
senior Akali leader Daljit Singh Cheema on April 11, quashed the summons issued
by the Hoshiarpur trial court in Punjab and upheld by the Punjab and Haryana
High Court.
"In view of the reasons, and even assuming the
complaint's averments to be true, do not make out the ingredients of the
offences, for which the trial court has passed the summoning order," the
bench said.
It said, "Under the circumstances to continue
the criminal proceedings against the appellants (Badals and Cheema)- 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 arising out of the
complaint filed by the respondent No. 1 (Balwant Singh Khera) including the
summoning order passed by the trial court."
While allowing the appeals filed by the Badals and
Cheema, the bench said that the impugned judgment and order passed by the high
court dismissing the revision application is hereby quashed and set aside.
In its order, the bench clarified, "We may
observe that we have set aside the summoning order on the aforesaid grounds
only and we have not expressed anything on the Constitution of the Party -
Shiromani Akali Dal (Badal) and the present order shall not affect the pending
proceedings before the High Court of Delhi, which is reported to be pending
against the order passed by the ECI."
In its verdict, the bench dealt with all the
offences alleged that looking to the averments and allegations in the
complaint, it is not appreciable at all, how the appellants are alleged to have
committed the offence of cheating.
"The ingredients for the offence of cheating
are not at all satisfied. There is no question of deceiving any person,
fraudulently or dishonestly to deliver any property to any person... Therefore,
even on bare reading of the averments and allegations in the complaint, no case
even remotely for the offence under Section 420 IPC is made out", it said.
Similarly, dealing with the offence under section
463 (forgery), the bench said that for the offence of forgery, there must be
making of a false document with intent to cause damage or injury to the public
or to any person and therefore, making the false documents is sine qua non.
"In the present case, no false document has
been produced. What was produced was the Memorandum and no other documents were
produced. Even according to the original complainant, the Memorandum and the
claim made at the time of registration of the Party that it has adopted a
Memorandum accepting the secularism, the same was contrary to the Constitution
of the Party produced before the Gurudwara Election Commission. Making a false
claim and creating and producing the false document both are different and
distinct," it said and dealt with other alleged offences in the case.
The bench said that looking to the averments and
allegations in the complaint and even the material/evidence collected/recorded
during the course of the inquiry and even assuming the complaint's averments to
be true, the ingredients of the offence punishable under sections 420, 465,
466, 467, 468, 471 are not at all made out.
It also noted that even the application under
Section 29-A of the Representation of the People Act, 1951 was made as far as
back in 1989 and thereafter even Khera filed the complaint before the ECI,
which came to be dismissed by the poll panel.
It said that thereafter Khera filed the present
complaint in 2009, that is, after a period of 20 years from the date of filing
of the application for registration under Section 29-A of the Act, 1951, which
was made in 1989.
Akali stalwart Parkash Singh Badal died on Wednesday
at a private hospital in Mohali. He was 95.
The Badals and Cheema had moved the top court
challenging the August 2021 order of the Punjab and Haryana High Court refusing
to quash the summons against them by additional chief judicial magistrate,
Hoshiarpur in a private complaint filed by Social activist Balwant Singh Khera
on the charges of forgery, cheating and concealing facts.
Khera had filed a complaint in 2009 alleging that
the SAD has two constitutions -- one that it submitted to the Gurdwara Election
Commission for registration as a party to manage gurdwaras and the other to the
Election Commission of India (ECI) to seek recognition as a political party. He
contended it amounted to cheating.
On April 11, the top court had said merely being
religious does not mean a person cannot be secular.
It had reserved its verdict on a batch of pleas
filed by Badals challenging summons issued against them in an alleged forgery
case.