In his demand notice, Advocate HC Arora sought registration of criminal case “under Section 228 of IPC, read with Section 5 (5) of the Commission of Inquiry Act, 1952” against the SAD leaders
The Hush Post: An advocate of the Punjab & Haryana High Court had written to the Punjab Chief Secretary, and Additional Chief Secretary of the Department of Home Affairs and Justice, Punjab demanding registration of criminal cases against former deputy chief minister Sukhbir Singh Badal and Bikram Singh Majithia “for intentional and repeated insult to Hon’ble Commission of Inquiry headed by Justice Ranjit Singh (Retired)”.
In his demand notice, Advocate HC Arora sought registration of criminal case “under Section 228 of IPC, read with Section 5 (5) of the Commission of Inquiry Act, 1952” against the SAD leaders.
Advocate Arora wrote, “You are well aware that leaders of Shromani Akali Dal have been intentionally insulting the Commission of Inquiry headed by Justice Ranjit Singh (Retired). Since the very inception of this Commission of Inquiry, Shri Sukhbir Singh Badal has been labeling Justice Ranjit Singh, and Justice Mehtab Singh Gill) as Congress Commissions. Shri Badal has recently said to media that “I believe that Justice Ranjit Singh is “neither a Justice” nor “Singh”. Only yesterday, Shri Bikramjit Singh Majithia, another leader of Shromani Akali Dal described the report of Hon’ble Commission of Inquiry headed by Justice Ranjit Singh (Retired) as a report of “Bhaiaa Commission” (meaning a report by Commission headed by Brother-in-Law of Shri Sukhpal Singh Khaira, MLA). That apart, both the aforesaid leaders have made public statements to the effect that the report submitted by Hon’ble Commission of Inquiry headed by Justice Ranjit Singh (Retired) has been authored by Jathedar Daduwal, CM Captain Amrinder Singh and Shri Sukhpal Singh Khaira”.
He further said, “As if all these intentional insults were not enough, today various leaders of Shromani Akali Dal, in pursuance to decision taken by the Core Committee of the said Political meeting, have held demonstrations in all Assembly constituencies of Punjab, against the report submitted by Hon’ble Commission of Inquiry, headed by Justice Ranjit Singh (Retired), and effigies of Chief Minister, as well as that of Hon’ble Justice Ranjit Singh have been burnt. All these actions on the part of various leaders, including Shri Sukhbir Singh Badal, and Shri Bikramjit Singh Majithia, amount to offence under Section 228 of the Indian Penal Code, 1860”
Section 228 of the IPC states, “Intentional insult or interruption to public servant sitting in judicial proceeding.—Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.”
Advocate Arora said, “You may kindly appreciate that Section 5(5) of the Commission of Inquiry Act, 1952” lays down that “Any proceedings before the Commission shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code.”
Asking the chief secretary and the ACS (Home) to issue directions to DGP, Punjab to register criminal cases against the two political leaders, Arora also called upon them to direct Punjab Advocate General to examine and give advice on the issue as to whether the aforesaid conduct of the SAD leaders amounts to commission of Criminal Contempt under section 2 © of the Contempt of Courts Act, 1971.
“Needless to state that your inaction to initiate appropriate action in the instant case would amount to failure on your part to discharge your Constitutional duties, which would entitle me, as a law abiding citizen, to approach the Hon’ble High Court for intervention”, added Arora.