Sat. Mar 2nd, 2024

The Supreme Court on Friday refused to intrude with an order handed by the Punjab and Haryana High Court quashing a felony case lodged towards Shiromani Akali Dal (SAD) chief Sukhbir Singh Badal for allegedly obstructing mining operations in Amritsar’s Wazir Bhullar and never carrying a masks.

A bench of Justices Abhay S. Oka and Ujjal Bhuyan dismissed the particular go away petition filed by the Punjab authorities difficult the High Court order handed in August 2023, questioning the state authorities’s counsel for submitting an attraction when the case was lodged on the occasion of a non-public mining firm.

It mentioned that no offence registered below FIR was made out towards Badal.

In the particular go away petition filed earlier than the apex court docket, the Punjab Police contended that the allegations levelled towards Badal required trial however the High Court itself carried out a mini-trial whereas listening to the applying filed by Badal below 482 CrPC.

Quashing the FIR and all subsequent proceedings, the High Court had mentioned that continuation of felony proceedings towards the political chief will quantity to an “abuse of the process of law”.

It had mentioned no offence of disobedience to orders duly promulgated by public servants was made towards Badal and there was no event for him to trigger their wrongful restraint of the employees of the complainant agency.

“It remains undisputed that the place where the petitioner had gone on hearing the complaints of illegal mining was a riverbed, which was not at all habited, and the workers had fled away on noticing the presence of the petitioner. Thus, there was no occasion at any time for the employees of the complainant to have any infection, even if the petitioner is hypothetically taken as infected with Covid-19, ” mentioned a bench of Justice Anoop Chitkara in its order.

In the 2021 FIR, the complainant, M/s Friends and Company, alleged that Badal and different accused had threatened its workers and staff, and obstructed and interfered of their authorized mining operations. After the conclusion of the investigation, the state launched prosecution towards 13 individuals, together with Badal, out of the alleged crowd of round 300 individuals.

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