HC stays own order on voting rights of Sehajdhari Sikhs

Tempers ran high as the application filed by the Centre came up for hearing. Mukesh Berry,Additional Advocate General of Punjab,accused the Centre of hatching a conspiracy. “A novel method was adopted by the Central government and the petitioners to get relief from the court. It is a conspiracy between the Central government and the petitioners,” he added.

Berry also requested the court to seek an explanation from senior lawyer Harbhagwan Singh,who had allegedly made a “false” statement before the bench that the Centre has decided to withdraw the notification,whereby Sehajdhari Sikhs were denied voting rights in SGPC elections. Reacting to the request,Justice M M Kumar,speaking for the full bench,remarked that it was for the court to decide.

On the other hand,Assistant Solicitor General of India Anmol Rattan Sidhu — appearing on behalf of the Union government — vehemently objected to the allegation of conspiracy levelled by Berry.

Directing the lawyers not to indulge in cross talks,Justice Kumar stated that “time has come when we must demand everything in writing”.

Seeking the recall of the order dated September 1,Sidhu stated that the Centre is requesting that the order be recalled on two grounds. First,no decision to withdraw the notification was taken by the Central government and second,Harbhagwan Singh was not competent to make this statement before the bench on behalf of the Union government.

Sidhu averred that nobody had briefed Harbhagwan Singh to make such a statement on behalf of the Centre. He,however,added that Harbhagwan Singh was engaged in two of the three petitions challenging the elections. “The senior lawyer had no authority in particular to make such a statement,” Sidhu,assisted by Advocate Onkar Singh Batalvi,said.

On the other hand,the petitioners in the case sought a stay over the elections,but the court refused.

The bench also told Berry not to blindly rely on media reports. “If you are so enamoured with press reports,file it in writing that you are relying on press reports,” it stated.

Earlier,the September 1 ruling came after senior advocate Harbhagwan Singh told the court that the Centre had decided to withdraw a 2003 notification,which was challenged by SSF,preventing Sehajdhari from participating in the SGPC polls.

However,a day after the court order,the government came out with a clarification that neither has it withdrawn the notification nor does it plan to take any such action,after the ruling drew angry reaction from the Shiromani Akali Dal and SGPC.

Union Home Minister P Chidambaram gave a statement in Parliament that,“Neither the Ministry of Law nor the Ministry of Home Affairs had given a vakalatnama to Harbhagwan Singh. No one from the government had briefed him. In particular,he had no authority to make the statement that the notification dated October 8,2003 would be withdrawn.”

Remove hoarding or face action: Gurdwara poll panel

Chandigarh: The Gurdwara Election Commission has given two days time to all parties to remove posters and billboards of SGPC elections,or else action will be taken against them. Justice H S Brar (Retd) Chief Commissioner (Gurdwara Elections) said: “It has been observed that all parties and candidates are putting up posters and billboards on government land,on roadside and streets and on the properties which don’t belong to them. This is in violation of the model code of conduct and the candidates are requested to remove all posters and billboards within two days. If after the expiry of two days,any posters or billboards remain on government property or other public places or property of private persons without their specific permission,the deputy commissioner or the returning officers will intimate the matter to the undersigned. This commission will take a serious view against such candidates or parties for violation of the model code of conduct.”