SC judge withdraws from P S Badal case

New Delhi, Aug 8 (UNI) Supreme Court judge Justice D.K. Jain today withdrew, due to personal reasons, from the hearing of the case against former Punjab chief minister Parkash Singh Badal and other political leaders for amassing assets disproportionate to their known sources of income through corrupt means.

The hearing of the case by a bench headed by Mr. Justice K.G.

Balakrishnan was adjourned till Aug. 24 with request to the Chief Justice of India Y.K. Sabharwal to allot the case to some other bench.

Those facing allegations of corruption under the Prevention of Corruption Act include besides Akali Dal leader Badal, former Kerala chief minister and veteran politician K. Karunakaran, deputy chief minister of Punjab Mrs. Rajinder Kaur Bhattal, Akali MP and former Punjab minister Rattan Singh Ajnala and Railway minister Lalu Prasad and his wife and former Bihar chief minister Rabri Devi.

The petitioners are challenging their prosecution for amassing wealth and assets beyond their known sources of income through alleged misuse of their official status as public servant on the grounds that their prosecution was illegal as the same was vitiated for want of government sanction under section 197 Cr.P.C.

Justice D.K. Jain recused himself from the bench keeping in view judicial properiety because he was judge during his tenure as chief justice of Punjab and Haryana high court in a case involving Badal.

The trial against all the petitioners have been stayed by the apex court.

Earlier, counsel for the state of Punjab had pleaded before the bench for vacation of the stay against the proceedings in the trial court on the grounds that trial was getting unnecessary delayed and the trial court may be restrained from announcing the final judgment till the apex court disposes of these petitions.

Karunakaran is facing trial for his alleged involvement in Palm oil import scandal causing the loss of about Rs. 2.5 crores to the state.

UNI AKS/SC RP PM1800