The Hindu : Other States / Punjab News : Supreme Court stays proceedings against Badal in assets case

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Tuesday, Oct 05, 2004

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Other States - Punjab

Supreme Court stays proceedings against Badal in assets case

By. J. Venkatesan

NEW DELHI, OCT. 4. The Supreme Court today stayed all further proceedings pending before a special court in Ropar against the former Punjab Chief Minister, Prakash Singh Badal, and his son, Sukhbir Singh, in the Rs. 78-crore disproportionate assets case.

A Bench, consisting of Justice Santosh N. Hegde and Justice P.P. Naolekar, while staying the proceedings, issued notice to the Punjab Government, the Chief Minister, Amarendra Singh, and three others for their response in four weeks. The Bench directed that the matter be tagged along with two other issues involving ``sanction for prosecution'' and heard expeditiously since important questions of law of public importance were involved.

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 disproportionate assets case without sanction by the competent authority.

The petitioners alleged that the case was born out of political vendetta and framing of charges would tarnish their reputation.

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 issue of mala fide should be decided by the trial court at the appropriate stage as it raised disputed questions of fact.

It sought to quash the impugned judgment and an interim stay against framing of charges by the trial court.

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