CHANDIGARH :Justice R.K. Nehru of the Punjab and Haryana High Court last week issued notice of motion for April 29 10 the state in the FIR under Sections 124-A 153-A TADA registered against Simranjit Singh Mann president of the Shiromani Akali Dal (Mann). Ranjan Lakhanpal Atul Lakhanpal O.L.Lakhanpal and Sanjiv Kandal counsel for Mann contended that the impugned FIR was registered way back in September 1992 and proceedings in the same have been initiated now only in prevent his release He has been granted bail in another case U/S 124-A and 153-A of IPC registered on December 11993. At present Mann is in judicial custody in Central Jail Patiala.
It was also contended that Mann had sought the quashing of FIR U/ S 124-A and 153-A registered on December 11993 in which notice of motion had been issued. The FIR has been sought to be quashed on the ground that co-accused Sucha Singh Chhotepur against whom the same allegations have been leveled in the FIR had already been discharged. Even otherwise no offence was made out U/S 124-A and 153-A.
The FIR is likely to be quashed. Fearing an adverse order of quashing by the High Court the Punjab State has initiated proceedings in the FIR registered back in 1992. This is clearly an abuse of the proviso of court and as such cannot be sustained. After hearing the counsel Justice Nehru issued notice of motion for April 29.
Article extracted from this publication >> March 18, 1994
