SC junks Punjab govt’s appeal on FIR against SAD chief Sukhbir Singh Badal

The Supreme Court on Friday dismissed the Punjab government’s appeal against a judgment quashing a first information report (FIR) against Shiromani Akali Dal (SAD) president Sukhbir Singh Badal for allegedly violating orders passed by a public servant and committing an offence under the Epidemic Diseases Act, wondering if the criminal case against the leader was “staged”.

A bench of justices AS Oka and Ujjal Bhuyan questioned the Punjab government for moving in appeal against the August 2023 high court judgment, emphasising that no case was made out to launch criminal prosecution against Badal.

“Where are the ingredients of the FIR made out in this case? And this case was initiated on the basis of a complaint by a private mining company. Why has the state come in appeal before us? Is it all staged?” the bench asked the state government counsel, Rooh-E-Hina Dua.

Responding, Dua said that the issue whether offences were made out on the basis of the allegations were the subject matter of trial but the high court itself conducted a mini-trial while quashing the FIR against Badal.

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The court, however, remained unimpressed, noting it was not a case where the state government should have come in appeal. “Look at the sections in the FIR. where is the evidence to show section 270 of IPC (malignant acts that can lead to the spread of diseases dangerous to life)? Or (Section) 341 (wrongful restraint)? Clearly, no such offences are made out,” it said.

The bench’s order recorded that no case for interference in the high court order was made out and therefore, the state government’s appeal was dismissed.

The June 2021 FIR by the mining company alleged that Badal and other SAD members had threatened their staff and employees and obstructed and interfered in their legal mining operations and desilting sites in Wazir Bhullar village in Amritsar district. It added that Badal and his supporters were not wearing masks while the Covid raged on, thereby also violating the provisions of the Epidemic Diseases Act.

Seeking quashing of the FIR before the high court, Badal contended that the FIR was politically motivated and even if all the allegations were taken on their face value, no case was made out to launch prosecution and that the state wanted to prosecute him for ulterior motives.

The high court, in August 2023, nixed the FIR underlining there was no evidence on record to corroborate any of the offences mentioned in the FIR. “In a democratic country, if a well-established political person, on hearing serious complaints regarding any public issue, decides to verify the same by visiting the spot itself, it cannot be said that he intended to violate any promulgation issued by any government under Section 3 of the Epidemic Diseases Act, 1897 or Disaster Management Act, 2006,” the high court added.