VidhiSangh

Supreme Court of India · 28/04/2023

SHRI SUKHBIR SINGH BADAL versus BALWANT SINGH KHERA AND ORS.

[2023] 10 S.C.R. 917 · 2023 INSC 466

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Summary

The Court quashed criminal proceedings alleging that a political party’s secularism undertaking for registration conflicted with its position before the Gurdwara Election Commission. Even accepting the allegations and inquiry material, the ingredients of cheating and forgery were absent. An allegedly false claim was distinct from making a false document. The Court left questions concerning the party’s constitution and the separate registration challenge open.

Issues

  1. Whether the registration memorandum and alleged inconsistent secularism claim disclosed cheating or forgery.
  2. Whether continuation of the complaint and summoning order constituted abuse of process.

Provisions considered

Held

Result

Appeals allowed; the High Court’s refusal to interfere and the trial court’s summoning order were set aside, and the criminal proceedings arising from the complaint were quashed, with the separate registration challenge unaffected.

Judgment PDF: Supreme Court of India, [2023] 10 S.C.R. 917.