The Hindu : National : Badal petition hearing on October 1

Online edition of India's National Newspaper
Thursday, Sep 23, 2004

National

National

Badal petition hearing on October 1

By Our Legal Correspondent

NEW DELHI, SEPT. 22. The Supreme Court will hear, on October 1, a special leave petition filed by the former Punjab Chief Minister, Prakash Singh Badal, and his son, Sukhbir Singh, challenging their prosecution in the Rs. 78-crore disproportionate assets case.

When senior counsel Harish Salve, appearing for Mr. Badal, pleaded for an early hearing during the mention time, a three-judge Bench, comprising Chief Justice R.C. Lahoti, Justice G.P. Mathur and Justice P.K. Balasubramanyan, said there was no urgency requiring an early hearing and directed it to be listed on October 1.

The SLP was directed against a Punjab and Haryana High Court judgment dismissing the petition challenging the prosecution of Mr. Badal and his son in the case without sanction by the competent authority.

Mr. Salve submitted that the Special Court of Ropar had fixed September 28 for framing charges against them and hence the matter required urgency. He alleged that the case was borne out of a political vendetta and framing of charges would tarnish the reputation of his clients.

However, senior counsel Ram Jethmalani, appearing for the Punjab Government, opposed an early hearing and said the Special Court was only to hear arguments on framing of charges on September 28.

The SLP assailed the judgment of a Division Bench of the High Court that no sanction was required for prosecuting the petitioner and that the trial court should also decide the issue of malafides at the appropriate stage, as it raised disputed questions of fact. The SLP sought to quash the impugned judgment and an interim stay against framing of charges by the trial court.

Printer friendly page
Send this article to Friends by E-Mail

National