The Hindu : National : No interim relief in Amarinder case

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No interim relief in Amarinder case

J. Venkatesan

But court stays resolution to declare his seat vacant

Police probe will continue in accordance
with law: Bench
Assembly order a gross misuse of privilege
for vendetta: counsel

NEW DELHI: The Supreme Court on Friday stayed the Punjab Vidhan Sabha (PVS) resolution asking the Election Commission to declare vacant the Patiala Town seat, held by the former Chief Minister Amarinder Singh, following his expulsion on charges of corruption.

A Bench comprising Justices B.N. Agrawal, G.S. Singhvi and Aftab Alam, however, rejected Capt. Singh’s plea for staying the expulsion order. For, it said, granting an interim relief would amount to granting the final relief itself without hearing the case on its merits.

“Submit report”

The Bench, while refusing to stay the police probe into the criminal case, stayed the Assembly order directing the police to submit a report in two months. The police would proceed with the investigation of the case, already registered, in accordance with the law, without being influenced by any of the observations or directions of a special committee and the impugned Assembly order.

While refusing to stay the expulsion, the Bench took into consideration the fact that the next Assembly session would be held in February 2009, by when the main issue could itself be decided. It ordered transfer of the petitions pending in the Punjab and Haryana High Court and posted them for final hearing on December 2.

Last week, a two-judge Bench headed by Justice S.B. Sinha referred this matter for consideration by a three-judge Bench as an important question of law was raised in Capt. Singh’s Special Leave Petition and writ petitions: could an Assembly with a huge majority exercise judicial powers and hold a person guilty of criminal charges?

Senior counsel T.R. Andhyarujina, appearing for Capt. Singh, contended that the legislature had arrogated to itself the power and jurisdiction to find a man guilty in law, pre-judged his case, directed the investigative machinery to recover ill-gotten wealth and expelled him from the House.

“Full of illegalities”

He said the Assembly order was replete with illegalities. This was a gross misuse of the privilege of the House for political vendetta and more so the notification pertained to an earlier government’s action.

When counsel pleaded for stay of all further proceedings, Justice Agrawal said: “When an FIR could be registered even at the instance of an individual, why can’t it be done at the instance of the Speaker? Normal investigation can be conducted uninfluenced by the Speaker’s order.”

Senior counsel P.P. Rao and Abhishek Singhvi, appearing for Choudhary Jagjit Singh and Jugal Kishore Sharma, who were indicted in the Assembly resolution, sought a stay of the resolution holding them guilty of the offence.

Sovereign power

Senior Counsel Ravi Shankar Prasad, appearing for the PVS said the Legislature had the sovereign power to examine the scam running into over Rs. 100 crore, particularly when records were tampered with.

Justice Alam asked Mr. Prasad to answer the question “whether the Legislature can take over judicial function to supplement a judicial procedure to make it [judicial process] irrelevant. Can you [Legislature] hold a person guilty of an offence and ask the police to recover the ill-gotten money?”

Senior counsel M.L. Verma, appearing for the Punjab government, said the police investigation would be conducted in accordance with the law.

Additional Solicitor-General Gopal Subramaniam, representing the Attorney-General, said it was essential that separation of powers be maintained.

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