Iqubal Singh Cheema vs. The State Of Punjab

ITEM NO.1

COURT NO.4

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 19667/2015

[Arising out of impugned final judgment and order dated 12-02-2015 in CWP No. 15168/2013 passed by the High Court of Punjab & Haryana at Chandigarh]

RAJNISH KUMAR & ORS.

Petitioner(s)

VERSUS

STATE PUNJAB & ORS.

Respondent $(s)$

([ TOP OF THE LIST ] IA No. 128086/2021 - CLARIFICATION/DIRECTION IA No. 58998/2018 - CLARIFICATION/DIRECTION <pre>IA No. 86973/2019 - INTERVENTION/IMPLEADMENT)</pre>

WITH SLP(C) Nos. 19671/2015, 21135/2015, 20999/2015, 22628/2015

SLP(C) No. 5474/2016 (IA No. 135268/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

SLP(C) Nos.347/2016 and 11844/2016

Date: 05-03-2025 These matters were called on for hearing today.

CORAM:

HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH

For Petitioner(s) :

Mr. P S Patwalia, Sr. Adv. Mr. Arun K. Sinha, AOR Ms. Natasha Dalmia, Adv. Mr. Rakesh Singh, Adv. Mrs. Anjali Rajput, Adv. Mr. Sumit Sinha, Adv.

Mr. P.S. Patwalia, Sr. Adv. Ms. Natasha Dalmia, AOR Ms. Anisha Jain, Adv. Ms. Shambhavi Singh, Adv. Mr. Don Mathew Charles, Adv. Mrs. Deveshi Chand, Adv.

Mr. Praveen Agrawal, AOR

Mr. Shankar Divate, AOR Mr. Tarunvir Singh Khehar, Adv. Mrs. Priya Shetter, Adv. Mr. Sanjay Arya, Adv. Mr. Murugesh Ramaih, Adv. Mr. Gourav Agrawal, Sr. Adv. Mr. Chritarth Palli, Adv. Mr. Sahil Tagotra, AOR For Respondent(s) : Mr. Gurminder Singh, AG, Sr. Adv. Mr. Shadan Farasat, AAG, Sr. Adv. Ms. Nupur Kumar, AOR Mr. Abhishek Babbar, Adv. Mr. Abhishek Atrey, AOR Mr. Sudhir Walia, Adv. Ms. Niharika Ahluwalia, Adv. Dr. Abhishek Atrey, Adv. Mr. Devendra Singh, AOR Ms. Ranjeeta Rohatgi, AOR Mr. Satish Kumar, AOR Mr. Nikilesh Ramachandran, AOR Mr. Lovekesh Aggarwal, Adv. Mrs. Sagar Kumar Pradhan, Adv. Mr. Raj Kumar Khanagwal, Adv. Mr. Shubham Seth, Adv. Ms. Suman Rani, Adv. Ms. Prakruti Malhotra,, Adv. Mrs. Gargi Khanna, AOR Mr. Ishan Kapoor, Adv. Mr. Satinder Gulati, Adv. Mr. Raj Kishor Choudhary, AOR Mr. Mohit Gupta, Adv. Mr. Rohit Sharma, Adv. Mr. Nikhil Purohit, Adv. Mr. Jatin Lalwani, Adv. Mr. Jay Rawat, Adv. Mr. Kumar Dushyant Singh, AOR

UPON hearing the counsel the Court made the following O R D E R

Perused this Court's order dated 18th February, 2025.

When we asked a question to Mr. KAP Sinha, Chief Secretary of the State of Punjab whether the State Government will extend the benefits to the petitioners in terms of the undertakings recorded in the orders of the High Court dated 26th July, 2001 and 2nd May, 2002, he is not willing to answer the question either affirmative or negative. In spite of repeated questions asked to the Chief Secretary, he is not able to give answer either in affirmative or in the negative.

Considering what is recorded in the order dated 18th February, 2025, firstly, we issue notice to Shri Surender Paul, Deputy Director, Office of the Director Public Instructions (Colleges) Punjab, Chandigarh calling upon him to show cause why an action should not be initiated against him under the provisions of law for making a false affidavit before this Court. The notice is made returnable on 24th March, 2025.

Inspite of repeated undertakings given to the High Court, compliance has not been made by the State Government. Therefore, we issue show cause notice to Shri K.A.P Sinha, Chief Secretary, State of Punjab calling upon him to show cause why an action under the Contempt of Courts Act, 1971 (both civil and criminal)

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should not be initiated against him. If he is of the view that some other officer/s is/are responsible for the breaches of undertakings, he is free to file an affidavit giving names and other details of the officer/s who is/are responsible for breach so that we can initiate action against them. The notice is made returnable on 24th March, 2025.

We are shocked to know that a statement is made across the Bar that the statements of the Advocate General are by the executive.

(ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER