The Hindu : New Delhi News : Stop questioning Badal in corruption case, says Supreme Court

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Stop questioning Badal in corruption case, says Supreme Court

Legal Correspondent

Parkash Singh Badal

New Delhi: The Supreme Court on Wednesday restrained the special judge from going ahead with questioning Punjab Chief Minister Parkash Singh Badal and his family members (under Section 313 Criminal Procedure Code) in the trial of the corruption cases registered against them by the Amarinder Singh government in 2003.

A three-Judge Bench of Chief Justice K.G. Balakrishnan, Justices R.V. Raveendran and M.K. Sharma passed this order on a petition filed by the former Punjab Chief Minister, Amarinder Singh, for a direction that the trial against Mr. Badal and others be shifted outside the State as it was not being held in a free and fair manner. The cases against Mr. Badal, his wife and son were registered in 2003 by the previous Congress government. Senior counsel T.R. Andhyarujina, appearing for Mr. Singh, alleged that it was farce of a trial and mockery of justice. He said most of the witnesses, including the complainant and the investigating officer, had turned hostile.

The prosecution had dropped the examination of several crucial witnesses such as chartered accountants and bank officials.

He said the special judge had posted the case for Section 313 Cr.P.C. questioning on May 26 and if this was allowed, there was every possibility that the case would end in acquittal of the accused.

Senior counsel Soli Sorabjee and Harish Salve for Mr. Badal and his family members strongly refuted the allegations and said the petitioner had no locus standi to file the transfer petition.

It was done for political purposes. Mr. Salve said the court should not stay the Section 313 questioning.

The Bench, in a brief order, directed listing of the case for hearing on July 24 and asked the special judge to adjourn the case on May 26. It also asked the special judge to supply certified copies of depositions of the witnesses and the orders passed by the judge.

In his transfer petition, Mr. Singh said Mr. Badal, being the prime accused in a criminal trial for alleged acts of corruption, amassing black money and benami properties, had ensured that the trial was now reduced to a farce.

He said through this petition, he was bringing to the notice of the court the issue of fair trial which was not possible in the State of Punjab.

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