CHANDIGARH,, India: ‘The Writ petition filed by Mr. Sukhdev Singh Dhinsa, the General Secretary of Akali Dal (B) seeking directions for Badal and two MIL.A.s that they be allowed to participate in the meetings of Punjab Vidhan Sabha was di missed by a division bench consisting of Justice DS, Tiwattia and Mr. Justice M.R. Agnihotri of the Punjab and Haryana High Court.
Mr. GS. Grewal, Advocate General of Punjab, submitted that the event of a Judgement by the ‘Supreme Court, an M.L.A. has no right to attend the session when he is detained under the National Security Act. He also submitted that action to arrest them had to be taken because of the prejudicial activities being undertaken by the detainees.
H.S. Mattewal and R.S. Randhawa, Counsels for the petitioner contended that the action of the Chief Minister was malafide because it was ordered after his party had lost in S.G.P.C. elections and because detention was ordered after the other party had given a notice to move a motion against the ministry. The whole exercise ‘was alleged to stifle the opposition and undermine the rights of the petitioner to oppose and expose the government which according to the petitioner was a democratic right, The Counsel argued that this petition was filed to save democracy. If certain actions of the party in power are allowed to go unchecked it will lead to the collapse of democracy. The Counsel quoted the Supreme Court Judgement saying that where the action of the party involved was malafide the court should interfere and intervene to save democracy. The counsel maintained that Speaker be directed to ascertion by means of telephone call or to bring them to Assembly by helicopter whether the petitioner supported the no confidence motion or not.
The judges after hearing both parties dismissed the petition.
Article extracted from this publication >> December 26, 1986
