After Sukhbir Badal & Bikram Majithia Express Remorse For Remarks On Justice Ranjit Singh, Supreme Court Disposes Appeal
The Supreme Court on Wednesday(April 2) disposed of a petition filed by Justice (Retd) Ranjit Singh against former Shiromani Akali Dal chief Sukhbir Singh Badal and former Punjab MLA Bikram Singh Majithia for allegedly making remarks against the Commission headed by Justice Singh to probe incidents of sacrilege in Punjab that happened in 2017.The Court disposed of the petition noting that...
The Supreme Court on Wednesday(April 2) disposed of a petition filed by Justice (Retd) Ranjit Singh against former Shiromani Akali Dal chief Sukhbir Singh Badal and former Punjab MLA Bikram Singh Majithia for allegedly making remarks against the Commission headed by Justice Singh to probe incidents of sacrilege in Punjab that happened in 2017.
The Court disposed of the petition noting that Badal and Majithia have expressed their remorse to Justice Singh.
Earlier, the Court had propsed an amicable settlement of the issue, suggesting the respondents express remorse to Justice Singh. Following this, when the matter was taken up by a bench of Justices MM Sundresh and Rajesh Bindal, the Court was informed by Senior Advocate Puneet Bali that pursuant to last year's order dated November 19, the Respondent has decided to apologise.
However, Senior Advocate Nidhesh Gupta stated that the affidavit only says "hurt, if any, we regret that". He added that they should withdraw the allegations. Bali responded that withdrawing the allegation would mean that the Respondents have accepted the Commission's report. He added that Gupta could suggest how the affidavit needs to be worded, and it can be done accordingly.
The bench upon reading the affidavit stated that it is evident that the statement made has been withdrawn and accordingly disposed of the petition.
For the content, Justice Singh headed a Commission that inquired into various incidents of sacrilege (and police firing) which took place in the Punjab between June 2015 and March, 2017. In its findings, the Commission held Dera Sacha Sauda (and its followers) responsible for the theft and desecration of the Guru Granth Sahib from a gurdwara in Faridkot and putting up derogatory posters. The report further blamed SAD patron Parkash Singh Badal for police action on anti-sacrilege protestors.
In August, 2018, Badal alleged in a press conference that Justice Singh had no legal qualification and accused him of fabricating documents, including witness statements, in preparation for the Commission's report. A few days later, SAD leaders, including Majithia, held a demonstration outside the Punjab Assembly, where the Commission's report was allegedly mocked. Following these incidents, Justice Singh filed a criminal complaint under Section 10A of the Commission of Inquiry Act before the Punjab and Haryana High Court, accusing Badal and Majithia of making defamatory statements against him in connection with the Commission's report.
In response, Badal and Majithia contended that a complaint under the Act was maintainable only if it was filed by a member of the Commission. However, the Commission had ceased to exist when the complaint was filed before the High Court by Justice Ranjit Singh. They further submitted that affidavits filed by the retired judge were incorrect as they failed to disclose that he had ceased to be a member/chairman of the Commission.
On November 8, 2019, the High Court dismissed Justice Singh's complaint after hearing arguments on maintainability. Notably, the judge who presided over the case was under transfer at the time when the orders were reserved. Justice Singh filed a plea in relation to the same, opposing the undue haste in deciding of the case, but it was rejected. Challenging the High Court's dismissal of his complaint, Justice Singh approached the Supreme Court which, in January, 2020, issued notices to Badal and Majithia.
Case Details: JUSTICE (RETIRED) RANJIT SINGH v. SUKHBIR SINGH BADAL AND ANR.|Crl.A. No. 1982/2019
