JAGJIT SINGH Vs. KARTAR SINGH GIANI AND OTHERS

JUDGEMENT

(1.) In the last general election to the Punjab Legislative Assembly there was a contest between the petitioner, Dr. Jagjit Singh and the respondent, Giani Kartar Singh, for the Dasuya Assembly seat. The latter was declared successful with a margin of 397 votes only. The defeated candidate, Dr. Jagjit Singh, however, challenged this election by means of election petition, presented on 10th April, 1962. Among the various allegations made against him was that Giani Kartar Singh, and his election agent, Sucha Singh, had incurred certain expenses on loud-speakers and in engaging trucks on hire for carrying the voters. In this connection, Piara Singh, Sohan Singh, Darshan Singh, Tara Singh and Kartar Singh were cited as witnesses.

(2.) The Tribunal to whom this election petition was entrusted for trial struck the issue on 30th July, 1962, and adjourned the case for the petitioner's evidence to 3rd September, 1962. Among the witnesses cited were the said Piara Singh, Sohan Singh, Darshan Singh, Tara Singh and Kartar Singh. It is alleged that before they could be examined in the court, on 2nd August, 1962, Giani Kartar Singh his election agent Sucha Singh and other respondents approached these witnesses, and taking them to the Court of the Sub-Divisional Officer [Civil], Dasuya, obtained their affidavits contradicting certain allegations on which the election petition was founded. Complaining that the respondents by putting pressure upon the above-named witnesses and winning them over had seriously interfered with the course of justice, Dr. Jagjit Singh prays that they be punished under Section 3 of the Contempt of Courts Act.

(3.) The allegation concerning the winning over of the petitioner's witnesses and obtaining their affidavits has, however, been denied by all the respondents, and it is complained that the proceedings for the contempt had been initiated for the ulterior purpose of creating prejudice against the respondents.