Date:27/09/2008 URL: http://www.thehindu.com/2008/09/27/stories/2008092760201300.htm

National

Supreme Court won’t stay Amarinder expulsion

Legal Correspondent

Matter referred to Chief Justice for posting before 3-judge Bench

Can Assembly with a majority enquire into criminal matter in violation of Cr.PC?
Court seeks Attorney-General’s assistance to go into this question

New Delhi: The Supreme Court on Friday declined to stay at this stage the expulsion of Amarinder Singh, former Punjab Chief Minister, from the Assembly on charges of corruption.

A Bench, consisting of Justices S.B. Sinha and Cyriac Joseph, however, issued notice to the government, the Punjab Vidhan Sabha (PVS), represented by its Secretary, and the PVS Special Committee on a special leave petition filed by Capt. Singh against a Punjab and Haryana High Court order refusing to stay his expulsion.

The Bench, consisting of Justices S.B. Sinha and Cyriac Joseph, also issued notice to Attorney-General Milon Banerjee, asking that he render assistance as an important question of law were raised in Capt. Singh’s SLP and writ petition: could an Assembly with a majority enquire into criminal matter in violation of the Criminal Procedure Code? The Bench referred the matter to Chief Justice K.G. Balakrishnan for posting it before a three-judge Bench for hearing on October 3, when the issue of interim relief is taken up for consideration.

Special committee

Capt. Singh said the Assembly had set up a special committee of legislators to enquire into a quasi-criminal matter, viz. the legality of a government notification in granting exemption for transferring a piece of land to a private developer during his tenure as Chief Minister.

The committee, in its report on September 3, held the petitioner guilty of corruption, conspiracy to cause a wrongful loss to the government and abuse of public office and that he had stashed away ill-gotten wealth, for which custodial interrogation was necessary.

Capt. Singh said the Assembly accepted the findings and passed a resolution on September 10 expelling him for the remaining term of three and a half years, rendering the Patiala Town seat vacant and directing registration of the first information report.

Capt. Singh said the legislature had arrogated to itself the power and jurisdiction to find a man guilty in law, pre-judged his case, directed the investigative machinery to recover the “ill-gotten” wealth and expelled him from the Assembly. The PVS thus acted as a complainant, prosecutor and judge, he said and sought a direction to quash the proceedings of the Assembly and an interim stay of the operation of the expulsion resolution.