The High Court of Punjab and Haryana Annuls FIR Against Former Deputy Chief Minister Sukhbir Badal for Alleged Breach of Restrictive Orders Amidst the COVID Pandemic.
Sukhbir Singh Badal
Vs.
State of Punjab
Date of decision: 24.08.2023
CRM-M-1672-2023
CORAM: HON’BLE MR. JUSTICE ANOOP CHITKARA
FACT:
On June 30, 2021, M/s Friends and Company lodged a complaint with the Senior Superintendent of Police in Amritsar (Rural). The complaint alleged that the petitioner and other individuals, including Virsa Singh Valtoha and Amarpal Singh Bony Ajnala, along with other members of the Shiromani Akali Dal, had issued threats to their staff and workers. Additionally, they were accused of impeding and disrupting legal mining operations and desilting activities at the Wazir Bhullar Village in Amritsar District. The complaint included reference to a contract, which, though irrelevant and not subject to dispute, was mentioned. This complaint led to the registration of an FIR by the police, as described above.
COURT ANALYSIS AND DECISION:
There is no accusation that the petitioner went to the location with the intent to intimidate or cause physical harm to the workers and staff of the second party. The prosecution does not argue that the petitioner had any hidden agenda. On the contrary, the petitioner asserts that they visited the site to personally assess the actual situation regarding the allegations of illegal mining in an ecologically sensitive riverbed area. This action was prompted by substantial complaints, given their role as a representative of the people, an observer, and a spokesperson. There is no proof of the petitioner halting vehicles carrying sand or those intended for sand transportation. Therefore, there is insufficient basis to establish the occurrence of any wrongdoing that would warrant pursuing prosecution under Section 341 IPC.
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Written by- Srijan Garg