Kuldip Singh8217;s appointment upheld

CHANDIGARH, Feb 16: UT Senior Sub-Judge B. C. Gupta today dismissed the stay application seeking to restrain Justice Kuldeep Singh from w...

CHANDIGARH, Feb 16: UT Senior Sub-Judge B. C. Gupta today dismissed the stay application seeking to restrain Justice Kuldeep Singh from working as president of the World Sikh Council WSC and from collecting and demanding funds in the form of donations and membership fees.

Observing that Justice Kuldeep Singh was the duly appointed president of the WSC and that no founder member of the council had ever challenged his appointment, the judge dismissed the plea. In his 64-page order, the judge stated that plaintiffs Taleb Singh Sandhu and Balwant Singh Brar had no locus standi to challenge the appointment, as they were neither holding any important post in the council nor had they been able to prove on file any irregularity committed by Justice Kuldeep Singh in accepting the post.

He added that the plaintiffs had failed to prove a prima facie case and there was no evidence on record as to why there was a delay of about 10 months in the filing of suit.

The judge observed that as the counsel for plaintiffs had made a written statement to the effect that injunction had not been sought against other respondents Bhai Ranjit Singh, Gurcharan Singh Tohra and two others, therefore the injunction could not be granted against Justice Kuldip Singh alone.

It was further held that respondent Jaswant Singh Mann was colluding with the plaintiffs to prevent Justice Kuldip Singh from functioning as president of the council, despite the fact that the plaintiffs had been unable to put any document on record, showing that the said appointment made by Bhai Ranjit Singh was not as per the rules of the amended constitution. The judge stated that the resolution of the constitution revision committee of the WSC was considered on August 17, 1997 and later on September 20 and 21, but at that time no objection was raised by Jaswant Singh Mann, who had attended all the meetings of the general house. It was held that if Mann thought that the constitution was not amended properly, he should have raised an objection earlier.

It was further observed that Mann did not hand over accounts of the WSC, despite letters being issued to him by Brig. Gurdeep Singh.

Holding that the very functioning of the WSC might come to a standstill if Justice Kuldip Singh was restrained, the judge said that the latter would suffer irreparable loss if the injunction was granted.