Chandigarh: Ludhiana Police on Monday arrested former Punjab Deputy Superintendent of Police Balwinder Singh Sekhon and his aide Pradeep Sharma in a contempt case on the orders of the Punjab and Haryana High Court.
IUsing its extraordinary powers under Section 14 of the Contempt of Courts Act, a division bench of the High Court had ordered his arrest for allegedly committing contempt “in the presence and hearing of the court”. Both have been accused of making disparaging remarks about judges, including “allegations of financial misconduct in addition to judges facing political pressure”.
A division bench headed by Justice GS Sandhawalia directed the police to remand the duo to judicial custody and ensure their appearance before the court on February 24.
It had also directed the central government to remove all material related to the judiciary Posted by both on social media platforms including Facebook, YouTube and Twitter, and ensure that they are not just restricted by geoblocking, but blocked globally.
Sekhon runs an NGO “Main Punjabi Manch” and was defeated in the Punjab assembly elections last year from two constituencies.
He came into limelight in 2019 when he was handpicked by the then local bodies minister Navjot Singh Sidhu to probe allegations of a real estate scam in Ludhiana against the then food and civil supplies minister Bharat Bhushan Ashu.
In that case, Ashu accused Sekhon of abusing him in the government and on social media sites. After this Sekhon was suspended in 2019 dismissed from service The day he was to retire in 2021.
In 2022, Sekhon decides to contest elections assembly elections From the seats of Ashu and Sidhu. The sacked officer held Sidhu responsible for not standing up against Ashu.
have been learning for the past several months Speaking openly against High Court judges, making derogatory remarks on them.
On February 15, a bench of Justice Sandhawalia, during the re-hearing of cases related to the multi-crore drug scam, had taken suo motu cognizance of Sekhon’s statements against judges and issued him a contempt notice.
The matter was to be heard on March 28. However, after the hearing ended on 15 February, Sekhon and Sharma reiterated their remarks against the judges outside the court in front of the media. The same evening, he also gave an interview to a local journalist and continued his campaign against the judges and their families.
In its order, the High Court observed that “freedom of speech and expression protected under the Constitution of India is not an absolute right”.
It states, “As much as there are constitutional rights, so are the duties of the citizens of the country.”
Read also: Woman shows ‘no trace of trauma, shock’, former Punjab MLA gets bail from High Court in rape case
‘with a heavy heart’
The court said that “the continued misconduct of the respondents compels us with a heavy heart to issue directions and issue contempt notice”.
The respondents, the orders said, have “apparently taken to the Hon’ble High Court voluntarily for reasons best known to them” to achieve their personal objectives.
“By putting the material on social sites, they have not only defamed and undermined the authority of this Court by visual representation and have interfered with the course of judicial proceedings and obstructed the administration of justice.”
The court observed that “On 15.02.2023, the undersigned bench had issued criminal contempt notice to respondent No.6 (Sekhon) who is a dismissed Deputy Superintendent of Police and whose personal litigation is pending before this High Court in various proceedings Is”.
The dismissal was also done on the ground that while being a member of the disciplined force, he had made indecent remarks against the government through social media.
“However, it came to our notice that he was circulating malicious, defamatory and defamatory videos relating to judicial proceedings which are conducted by the judges of this court. We have been informed that a large number of videos are circulated prior to the listing of contentious matters before the Benches.”
is observed about How the proceedings are to be conducted and baseless allegations have been made, how they can be conducted and even after being conducted. The said allegations pertain to judges facing political pressure and raising allegations of financial misconduct apart from baseless reasons.”
The bench referred to a 17-minute video where “before the court proceedings on 27.01.2023, he (Sekhon) circulated the video on 26.01.2023 against more than 10 judges of this court and one sitting judge of the Supreme Court Was. on whom reprehensible allegations have been leveled”.
“Furthermore, he had also given suggestions to the undersigned bench on how to proceed in CWP-20359-2013 (drug cases),” it added.
“In the result, we are of the prima facie opinion that the publication on social media on the platform of YouTube amounts to physical representation which is reprehensible and intended to defame and undermine the authority of this court,” the court said. prejudices and causes interference and intends to interfere in due course with judicial proceedings”.
“It is further observed that when the matter was about to come up on 15.02.2023, he held another press conference regarding the proceedings which were to be held before that date and to consider how the matter would proceed should rise and is contained in the sealed report before this Court.
Read also: Punjab liquor plant stir: HC agrees to fresh probe on 1 condition – protesters have to leave first
‘a vicious tyranny’
The court order also explains why it ordered the arrest of Sekhon and Sharma.
“Consequently, on account of the fact that he was present in the Court after the conclusion of the proceedings on 15.02.2023, we issued him a notice of criminal contempt under Section 15 of the Act and Mr. Balwinder Singh Sekhon has graciously accepted the same. was accepted from That time. It was also directed that a copy of the order along with the transcript of the proceedings circulated on 26.01.2023 was to be supplied to him during the day to reply to the allegation and the matter has been fixed for 28.03.2023. ,
“At that point, Mr. Pradeep Sharma, Respondent No.7, who has apparently been part of several press conferences and featuring with Mr. Sekhon, appeared in an attempt to defend Mr. Sekhon as to how the notice was being served He is released,” the bench said.
The court noted that “it was informed at that time that it was a non-entity and if it wanted to file an application to interfere, it could do so”.
“However, he kept on insisting that he should be heard, which the undersigned bench did not consider necessary and as a result, he was taken out with the help of the police.”
“The matter, however, did not stop there,” the court observed, “apparently, both respondent Nos. 6 and 7 chose to publicly broadcast themselves at the entrance of the court and made a vicious attack on the proceedings, which was conducted”.
“In the said video, Mr. Sharma stated that some sealed reports were received in the year 2017 but were not opened despite several benches being changed and none of the judges had the guts to open the said reports and claimed that He may be appointed as a nodal officer to oversee the de-opening of the said sealed report.”
Sharma, “further stated that he wanted to address the court but was not given the opportunity and said that if the same is not done, he should also be issued a contempt notice”, according to the order.
“He was very distressed as to why a contempt notice has been issued to his colleague Balwinder Singh Sekhon.
“He further suggested that the functioning of this court should be improved. He made disparaging remarks about one of us and the fact that his father was also a Chief Justice and he too did not have the guts to open the report. Mr. Sekhon then named two senior police officers because of whom the report was not opened and claimed to be an informer and said the bench would wet its pants if the envelopes were opened. It was further remarked that the judges have been hired by certain people.
The court noted that “the matter did not stop there as Mr. Balwinder Singh Sekhon never thereafter appeared before the court authorities to receive the court summons as certain formalities had to be completed as per the transcript of the video proceedings dated 26.01.2023 The copy was to be provided to him”.
“However, thereafter both the … along with respondent No.8 – Mr. Baljit Marwaha, Channel Reporter scroll punjab news channel – Next day, in an attempt to malign the reputation of this court, uploaded another video of 27.35 minutes,” the court said.
A perusal of the transcript of the video shows that the Judges of this Court have been completely abused to such an extent that certain words have been used which we do not wish to place in our order.
“Personal allegations have been leveled against the bench of this court which was hearing the matter and which had issued the notice. Disparaging remarks have been made about how judgments are being reserved and written after two months for the purposes of bargaining and buying time.
The court said, “A virtual panchayat is being held wherein abuses are being hurled at this court in the form of a Gatling gun in the proceedings from respondent nos. 6 to 8 and the fact that the bench is not ‘A, B’ Do you know.” The ‘C’ of law is oblivious to the fact that this ‘temple of justice’ is adorned by constitutional officers who are working and doing only as per the oath given to them under the constitution without any fear or favour.
“Moreover, even the family members are not spared from making derogatory remarks against him,” the court said.
“Further, a warning has been given that more episodes will be launched which will be outrageous and they will sharpen their words in future and they will publicize this issue extensively and share it in a way that cannot be dreamed of Was . It is also brought to our notice that due to the easy platform-sharing basis under the advanced technology, the said video has also been put on large platforms like Facebook,” the court said.
According to the bench, “Uploading of such videos on social platforms internationally amounts to insulting the constitutional institution and in fact amounts to inciting the public against the rule of law.”
“Thus, a challenge is being raised by the said respondents and we do not shy away from our constitutional duty to pursue the same,” it added. “It is in such circumstances, we are of the considered opinion that things have come to such an extent that we are constrained to issue notice that respondent Nos.6 and 7 have committed criminal contempt of court in the presence of are guilty of contempt of court and are required to be taken into custody pending framing of charges.”
It later stated that the Commissioner of Police, Ludhiana “shall, keeping in view the provisions of section 14(4) of the Act, ensure the arrest of respondent Nos. 6 and 7 and remand them to judicial custody and secure their production before this Bench”. 24.02.2023, to respond to the charge of contempt in this order”.
It said, “Respondent Nos. 9 to 11 (Facebook and YouTube) are directed to remove/block/restrict/disable on a global basis all such videos/web links/URLs, which are uploaded from IP addresses belonging to Balwinder Singh.” Sekhon and Pradeep Sharma are related to the court proceedings.
“The said respondents shall also ensure that any other press channel which has uploaded similar content on the social media platform at the behest of the said respondent Nos. 7 and 8 shall also be removed with immediate effect.”
(Editing by Richa Mishra)
Read also: Jeera factory stir: HC asks Punjab to file fresh report of 4 panels probing pollution claims