Journalism of Courage
The Ludhiana court has dismissed the revision petition filed by former Congress minister Navjot Singh Sidhu seeking expungement of being called as a witness in the alleged harassment case filed against former minister Bharat Bhushan Ashu by dismissed DSP Balwinder Singh Sekhon.
The court of session judge Munish Singal said, “If Sidhu can visit PGI for medical treatment, then he can also appear as a witness in the court…”
Sidhu had filed the revision petition challenging the trial court’s order which declined his two applications seeking expungement of being called as a witness. Sidhu had submitted that either he should not be summoned as a witness in the case at all, but if not so, then he should be exempted from personal appearance and his statement be recorded via video-conferencing.
Sidhu, who is currently lodged at Patiala Central jail, was summoned by the trial court of chief judicial magistrate Sumit Makkar as a witness in the case against Ashu because it was during his tenure as local bodies minister that Ashu had allegedly issued threats on phone to Sekhon who was investigating the CLU scam of Ludhiana. The CLU scam probe was ordered by Sidhu and the final report was submitted by Sekhon to Sidhu’s office in 2019, and the original file of it is now reportedly “missing” from Punjab local bodies department.
Sidhu however had refused to appear in the court citing security threat. He filed two applications earlier in trial court submitting that he should not be called as a witness in the case but both were dismissed. The staff of Patiala Central Jail had also informed the trial court that Sidhu had “refused” to appear as a witness in the case following which bailable warrants were issued against superintendent of jail for failing to produce Sidhu in the court. Sidhu again filed the revision petition in the session court which has now been dismissed.
The court order issued Monday, whose detailed copy was made available Tuesday, says: ‘…Counsel for the revisionist (Sidhu) argued that it was difficult for the revisionist to appear as a witness because the revisionist had received many threats to his life and he had been provided with Z+ security. I have considered this argument but the same is devoid of any merit. Counsel for the respondent (Sekhon) has brought to the notice of this Court that after having been detained in Central Jail, Patiala, the revisionist went to PGI Chandigarh, for his medical treatment, without any Z+ security…If the revisionist can visit PGI Chandigarh for his medical treatment, he can also appear as a witness in the Court at Ludhiana. Needless to say that it shall be the responsibility of the State to provide necessary security to him when he is produced as a witness in the Court..”
The court further said that there were “compelling circumstances” for Sidhu to appear as a witness in the court.
‘…I am of the opinion that there are compelling circumstances for examination of revisionist in the court….. the original file of the inquiry was sent to the local bodies minister through principal secretary Venu Prasad, I.A.S. on 10.04.2019 and this file was never received back but on the verbal directions of the principal secretary, the file was reconstructed by retrieving data from the computer and the said reconstructed file was not signed by anyone. In such circumstances when the entire original inquiry file had been destroyed and reconstructed thereafter, the evidence of the revisionist who was the then Local Bodies Minister with Govt of Punjab at the relevant time and who had entrusted the inquiry to the complainant and had allegedly received the inquiry report, is a necessary witness to prove the documents pertaining to said inquiry,” the court ordered.
The case is now scheduled for hearing in the trial court on September 26.
