RANINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS case reveals political overtones in the State of Punjab between two groups of political leadership. The instant petition has been filed under article 226/227 of the Constitution for issuance of direction to the respqndents that ten days notice be given to the petitioners in any case to be registered against them anywhere in the State of Punjab.

(2.) SOME facts would be necessary for putting the controversy in its true perspective. Raninder Singh-petitioner No. 1 is the son of a former. Chief Minister of Punjab capt. Amarinder Singh. Ramider Singh thakhar petitioner No. 2 is a close relation of the former Chief Minister being the son-in-law of Raja Randhir Singh, who is cousin brother of Capt. Amarinder Singh. Shri parkash Singh Badal-respondent No. 4, was the Chief Minister of Punjab from February 1997 to Febfuary 2002, whereas Capt. Amarinder Singh, father of petitioner No. 1, became the Chif Minister thereafter. "after the elections of the Punjab State Legislative assembly, held on 13. 2. 2007, Shri Parkash singh Badal respondent No. 4 again became chief Minister in the State of Punjab. The allegations made by the petitioners have to be examined in the light of the aforementioned outlined facts.

(3.) THE petitioners have made following allegations. They have alleged that the political and personal rivalry between the family of Shri Parkash Singh Badal-respondent no. 4, the present Chief Minister and the family of the petitioners date back to the late 1990's. In para 5 of the petition it has been alleged that when Shri Parkash Singh Badal-respondent No. 4 came to power as Chief minister of Punjab from February 1997 to february 2002. The State of Punjab, which had then recovered from the debilitating effects of terrorism and it was going through a phase of rampant political corruption. There was rampant corruption, bribery and gratification of public offices, which was an intrinsic part of common Government functions such as recruitment of officers, transfers, postings, development projects, government tenders etc. , which resulted into shifting of several industries from Punjab to neighbouring States. It was at that time that Capt. Amarinder Singh was appointed as President of the Punjab Pradesh Congress committee and brought the issues of corruption, transparency and public accountability into an open forum. In the general elections of the Punjab Legislative Assembly held in January/february 2002, this was the core issue and after winning the elections Capt. Amarinder Singh found himself effectively translated into an arch political rival of Shri Parkash Singh Badal-respondent No. 4. He assumed charge as a Chief minister of Punjab on 26. 2. 2002 (and) after his installation as Chief Minister, he started inquiry into various corrupt acts of the officials and ministers of the previous Parkash singh Badal's Government. Even cases under Prevention of corruption Act, 1988, were registered against Shri Parkash Singh Badal-respohdent No. 4 and his son and reports under Section 173 Cr. P. C. were filed; and a special Fast Track Court headed by a Special judge at Ropar was created to deal with the cases arising out of corruption. The notification dated 17. 11. 2003 setting up special Court to deal with corruption cases, was challenged by Shri Parkash Singh Badal-respondent No. 4, which was. repelled by this court in C. W. P. No. 9410 of 2004, decided on 2. 9. 2004 Even the Special Leave petition was dismissed by Hon'ble the Supreme court by a detailed judgment dated 6. 12. 2006 (now reported as Parkash Singh badal v. State of Punjab, (2007) 1 SCC 1) : (AIR 2007 SC 1274 ). It has been pointed out that during the tenure of Capt. Amarinder singh as Chief Minister, the police machinery was never used in a manner to harass shri Parkash Singh Badal-respondent No. 4 or his family members nor they were ever arrested during investigation.