The Hindu : SC stays HC proceedings on Kalyan Singh's plea

Online edition of India's National Newspaper
Tuesday, Apr 23, 2002

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SC stays HC proceedings on Kalyan Singh's plea

By Our Legal Correspondent

NEW DELHI APRIL 22. The Supreme Court today stayed all further proceedings in the Lucknow Bench of the Allahabad High Court on writ petitions filed by the former Uttar Pradesh Chief Minister, Kalyan Singh, and 25 others challenging the notices issued to them by the Liberhan Commission of Inquiry in 1993.

A Bench comprising Justice M.B. Shah and Justice Ruma Pal which stayed the proceedings on a petition filed by Mr. Singh seeking transfer of the Delhi High Court case to the Allahabad High Court, said that it would be open for Mr. Singh to withdraw his petition before the Allahabad High Court and proceed with the matter pending before the Delhi High Court.

As similar petitions had been filed by another former U.P. Chief Minister, Rajnath Singh, Lalji Tandon and 23 others seeking the same relief, the Bench gave liberty to them to approach the Delhi High Court for expeditious hearing of the case and, in the meanwhile, stayed the proceedings before the Allahabad High Court.

Mr. Singh had filed a writ petition challenging the Commission's notice on the ground that as he was an accused in the Masjid demolition case, he could not be asked to appear before the Commission as a witness which would amount to an accused giving evidence against himself.

Later, Mr. Singh filed another petition before the Delhi High Court challenging an order passed by the Commission and as both the petitions were pending before the two High Courts, he moved the apex court for transfer of the petition from the Delhi High Court to the Allahabad High Court.

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