High Court Punjab-Haryana High Court

Captain Amrinder Singh vs The Special Committee on 15 September, 2008

Punjab-Haryana High Court
Captain Amrinder Singh vs The Special Committee on 15 September, 2008
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                 CWP No.16216 of 2008
                                             Date of decision: 15.9.2008

Captain Amrinder Singh.
                                                          ........Petitioner
                                   Vs.
The Special Committee, Punjab Vidhan Sabha and others.
                                                         -----Respondents

CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
            HON'BLE MR JUSTICE AJAY TEWARI

Present     Mr. Uday Lalit, Sr. Advocate,
            M/s Atul Nanda, Puneet Bali, Sandeep Bajaj and Ms. Rameeja
            Hakeem, Advocates for the petitioner.


ORDER:

1. This petition under Article 226 of the Constitution challenges

constitution of a Committee in pursuance of the decision of the Punjab

Assembly on 18.12.2007 vide Annexure P-25, report submitted by the said

Committee dated 3.9.2008, Annexure P-35 and resolution passed by the

Punjab Assembly on 10.9.2008, Annexure P.36. By the said resolution, the

petitioner has been expelled for the remaining term of the 13th Assembly,

Secretary of the Vidhan Sabha has been directed to approach the Election

Commission to have the seat declared vacant and report of the Privilege

Committee has been ordered to be forwarded to the Chief Secretary with

instruction to file FIR with Vigilance Department to give a report to the
CWP No.16216 of 2008 2

Speaker within two months. It has also been expressed therein that it was

essential to have custodial interrogation of the persons mentioned in the

resolution.

2. We have heard learned counsel for the petitioner on the issue of

admission of the writ petition and on prayer for interim relief.

3. We consider it appropriate to pass a brief reasoned order even

at admission stage.

4. The petitioner was Chief Minister of the State of Punjab and

took a decision on 17.2.2004 of “granting licences to developed colonies

under the Punjab Apartment and Property Regulation Act, 1995 vis-à-vis

the schemes of the Improvement Trusts”. This was followed by notification

dated 12/13. 1.2006, purporting to be under Section 56 of the Punjab Town

Improvement Act, 1922, exempting 32.10 acres of land covered under the

Development Scheme of the Improvement Trust, Amritsar, to be utilised by

M/s Veer Builders and Colonizers Pvt. Ltd. for colonization. The said land

had been earlier covered by notification for development plan by the

Improvement Trust. The Punjab Assembly on 18.12.2007 resolved to

constitute a Committee in pursuance of which, a Committee was constituted

to investigate the reasons for exemption, whether any rules/norms were

violated, whether any loss was suffered by the Improvement Trust and who

was responsible for the said loss. The Committee gave its report dated

3.9.2008, inter-alia, holding that exemption of land from the Improvement

Trust Scheme in favour of M/s Veer Builders and Colonisers Pvt. Ltd. was

illegal and for extraneous considerations, causing loss of Rs.360 crores to
CWP No.16216 of 2008 3

the Improvement Trust. The order of exemption was contrary to the

declared Government policy. Beneficiary was M/s Veer Builders and

Colonisers Pvt. Ltd. The record of the Improvement Trust was tampered

with. For the said acts, the petitioner, the then Local Bodies Minister Shri

Jagjeet Singh, the then Housing Minister Shri Jugal Kishore Sharma, the

then Chairman, Improvement Trust and one late Shri Raghunath Sahai Puri

were responsible, out of whom, the petitioner was the present member of the

Assembly. On the basis of the said report, the impugned resolution has

been passed.

5. Contentions raised in the writ petition, inter-alia, are:-

i) Action for which the impugned resolution has been adopted

by the Assembly relates to the period prior to its

constitution. The present Assembly was constituted on

3.3.2007, while action of the petitioner is of the year

2004/2006.

ii) The action of the petitioner was not in his capacity as

member of the House but in exercise of his executive power

as Chief Minister.

iii) The matter was sub judice in C.W.P. No.16923 of 2006

(Major General Sukhdeep Singh Randhawa v. State of

Punjab), C.WP. No.20266 of 2006 (M/s Daljeet Singh v.

State of Punjab), C.W.P. No.2929 of 2007 (Sudarshan

Kaur v. State of Punjab) and C.W.P. No.7838 of 2008
CWP No.16216 of 2008 4

(Basant Colonisers & Builder (P) Ltd. v. State of

Punjab) and could not be gone into by the Assembly. The

same would not form basis of any adverse finding or action.

iv) The Assembly cannot arrogate to itself the power of

Courts/investigation.

v) The report was uncalled for on merits and had been given

without following required procedure and was malafide on

account of political vendetta.

6. Learned counsel for the petitioner submitted that the impugned

resolution was beyond the constitutional authority of the Assembly. The

punitive power of the Assembly was limited to punish for contempt or for

breach of privilege in the capacity of a member. While the Assembly could

ascertain a fact situation to enact law or to make recommendation, it could

not punish a member for his actions in his executive capacity when such

actions were prior to constitution of present Assembly. Learned counsel,

inter-alia, referred to judgments of the Hon’ble Supreme Court including

recent judgment in Raja Ram Pal v. Hon’ble Speaker, Lok Sabha, 2007

(3) SCC 184, on scope of interference with power of expulsion, effect of

dissolution of House, scope of powers of the House, concept of Sub Judice,

Theory of separation of powers and Rules of Procedure and Conduct of

Business of the Punjab Vidhan Sabha.

7. There is no doubt about the legal position as to maintainability

of writ petition against action of Legislature, if such action was beyond its
CWP No.16216 of 2008 5

constitutional authority. However, in the present case, the question is

whether the impugned resolution can be held to be beyond constitutional

jurisdiction of the Assembly and whether exercise of said jurisdiction in any

manner violates fundamental or other rights of the petitioner which can be

enforced under Article 226 of the Constitution. Judgments relied upon on

behalf of the petitioner do not directly cover the issue involved.

8. At this stage, we will discuss the issue only with a view to

consider prayer for ad interim relief and admission of the petition.

9. It is no longer res integra that Legislature, as a sovereign

institution, can expel its member in exercise of its inherent power to uphold

its own dignity and discipline. In the present case, the resolution is

preceded by an inquiry report by a Committee, inter-alia, recording a

finding of the petitioner being involved in corruption. Though, there is no

threshold bar to challenge the said decision on the ground of violation of

fundamental rights or any other illegality, scope of judicial review is not the

same as in the case of an ordinary administrative action. Legislative body is

a coordinate constitutional organ. Adequacy or correctness of finding may

not be gone into while gross illegality, irrationality, perversity may be seen.

The Court will not lightly presume abuse of power.

10. Subject to the matter being examined in greater detail, at this

stage, it is not possible to hold that the Assembly had no material before it

or that pendency of a writ petition about validity of action debarred the

Assembly from exercise of its power, which is not for the same purpose and

is not exercised on the same parameters, as adjudication of writ petitions,
CWP No.16216 of 2008 6

the legislative body being a sovereign authority to take its own decision in

exercise of its power to regulate its business. Thus, we do not find any

ground to stay the order of expulsion by way of ad-interim order. However,

we consider it a fit case to fix a date for final hearing. Stay of expulsion will

amount to grant of final relief, without hearing the other side.

11. Apart from expulsion and consequential decision of taking

steps to have the seat declared vacant and fresh elections conducted, the

resolution also envisages direction to register FIR and to have custodial

interrogation. Since FIR is reported to have already been registered, stay

has been pressed qua direction for custodial interrogation.

12. It is submitted that even if the House may be at liberty to

follow such procedure as it may deem appropriate for getting any report or

information, conduct of investigation by any Investigating Officer after

registration of FIR is a matter which is laid down in statutory law i.e. the

Code of Criminal Procedure, 1973. Without amendment of such law, a

contrary direction to an Investigating Officer cannot be given. The

Investigating Officer may be entitled to take an accused in custody for

investigation but whether custodial interrogation is necessary or not, is a

matter within his purview to decide, subject to other relevant legal

provisions.

13. We are, prima facie, of the view that resolution of the

Assembly about need for custodial interrogation cannot be treated to be

binding. Accordingly, by way of interim order, we direct that there will be

stay of direction that it is essential to have custodial interrogation. We,
CWP No.16216 of 2008 7

however, make it clear that this interim order does not prevent the

Investigating Officer to conduct custodial interrogation in accordance with

law, if considered otherwise necessary.

14. We make it clear that any observation made hereinabove will

not be treated as binding at the time of final hearing.

15. The petition is admitted to DB.

16. We do not consider it necessary at this stage to issue notice to

respondent No.1 to 3. Notice may be issued to respondent No.4 – Punjab

Vidhan Sabha through its Secretary. Reply may be filed on or before

October 31, 2008. Rejoinder, if any, may be filed on or before November

15, 2008. Any further document or pleading may be filed on or before

November 30, 2008.

List for final hearing on December 01, 2008.




                                                     (Adarsh Kumar Goel)
                                                          Judge



September     15 , 2008                                   (Ajay Tewari)
'gs'                                                        Judge