12-Jan-2024 10:17 PM
8519
New Delhi, Jan 12 (Reporter) The Supreme Court on Friday upheld the order of Punjab and Haryana High Court order quashing an FIR against Shiromani Akali Dal (SAD) chief Sukhbir Singh Badal in 2021, observing it was a "fake case".
Dismissing an appeal filed by the Punjab government challenging a Punjab and Haryana High Court order quashing an FIR against Shiromani Akali Dal (SAD) chief Sukhbir Singh Badal in 2021, A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan Observed that it was "undoubtedly a fake case", "Just because a person, who is a political leader, went there to inspect the spot or something else, he was booked.
None of the elements of the offenses alleged are made out, the bench told the Punjab government counsel,
The bench asked, “why the complainant in the case did not approach the Supreme Court but the state government appealed the High Court order quashing the FIR.” " the complainant is a mining company, and it has not appealed against the High Court order. Only the state government has challenged it. Why?" Justice Oka said.
"No case for interference with the High Court order is made out. The Special Leave Petition is dismissed," the Apex court said.
The FIR against Mr Badal was filed under the Epidemic Diseases Act, 1897 for disobedience to an order by a public servant, causing obstruction, criminal intimidation, and unlawful activities over allegations that he obstructed the mining operations of a private company in Amritsar district's Beas town.
On August 4, 2023, the Punjab and Haryana High Court quashed the FIR against Sukhbir Badal, former Deputy Chief Minister of Punjab, on July 1, 2021, at Beas police station. The High Court, while quashing the FIR, said the offenses Mr Badal has been accused of didn't make a case to prosecute him.
The High Court noted that Mr Badal had visited the spot to check the ground situation regarding the allegations of illegal mining in an environmentally susceptible riverbed area.
The prosecution claimed Mr Badal threatened the employees of the mining company and obstructed its legal operations at the desilting site in the riverfront town. COVID-19 restrictions were in place at that time, it said...////...