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This is an archive article published on February 25, 2022

Sr Badal granted bail in dual constitution case against SAD

Badal, who appeared before the court on Thursday, was granted bail after he furnished a personal bail bond to the court of Additional Chief Judicial Magistrate (ACJM), Hoshiarpur, Rupinder Singh.

Shiromani Akali Dal, Parkash Singh Badal, Punjab, Punjab latest news, Punjab assembly elections, Punjab polls 2022, SAD, Punjab Congress, indian expressParkash Singh Badal (File)

A trial court in Hoshairpur has granted bail to former Punjab CM and SAD patriarch Parkash Singh Badal in a dual constitution case that was filed against his party in 2009.

Badal, who appeared before the court on Thursday, was granted bail after he furnished a personal bail bond to the court of Additional Chief Judicial Magistrate (ACJM), Hoshiarpur, Rupinder Singh.
The trail court had earlier fixed February 25 as the next date of hearing.

The case is based on a criminal complaint filed against SAD by social activist and Malta
Boat Tragedy Mission Chairman, Balwant Singh Khera, where he accused the party of having two constitutions — one for the political purpose and submitted to the Election Commission, and other for religious purpose. The complainant had further alleged that the SAD had given a false undertaking to the EC that it had amended its constitution to incorporate the principles of socialism and secularism whereas it continued its activities as a panthic party and openly participated in Shiromani Gurdwara Parbandhak Committee elections.

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Hitesh Puri, the lawyer for Khera, said that Badal had furnished his surety bonds/bail bonds in the local trial court of ACJM to the tune of Rs 1 lakh in pursuance of the interim bail order of Wednesday passed by the court of J P S Khurmi, Additional Sessions Judge, Hoshiarpur.

On February 23, per-arrest bail was granted to Badal by the court of J P S Khurmi.

“In pursuance to that, he (Badal) had appeared before the trial court of ACJM Rupinder Singh today, and furnished a personal bail bond in the trial court where court granted him bail,” said advocate Puri.
There are three main accused in this cases including Badal senior, SAD chief Sukhbir Badal and party spokesperson Dr Daljit Singh Cheema.

While Sukhbir and Cheema had appeared before court in this case last year and are already on bail, senior Badal finally appeared on Thursday.

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Advocate Hitesh Puri, said that before recording the statements of the witnesses in the case, it is mandatory for the main accused to appear in the court personally and get bail so that the case can be taken forward.

Khera said that his only point in this case is that SAD is not a secular party as per the Constitution as it has two separate constitutions, which is a “forgery”.

“In 1989, when an amendment was made in the Representation of People Act, 1950, a declaration under Section 29-A of the said Act, was sought from all political parties in the form of memorandum that the rules and regulations of any such party, shall bear true faith and allegiance to the Constitution of India and to the principles of socialism, secularism and democracy and would also uphold the sovereignty, unity and integrity of India.

The Shiromani Akali Dal (Badal) submitted a memorandum to the Election Commission in 1989 in which they declared that they adopt the Constitution of Shiromani Akali Dal and also declared that they shall adhere the said provision of Section 29-A of People Representation Act, 1950, whereas no such amendment was made in the original Constitution of Akali Dal which is not secular in nature,” said Khera.

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