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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Pronounced on: 17.10.2025 Sukhbir Singh Badal …Petitioner Versus Rajinder Pal Singh …Respondent CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. Ashok Aggarwal, Senior Advocate with Mr. D. S. Sobti, Advocate, Mr. Mukul Aggarwal, Advocate, Mr. Ishank Bansal, Advocate, Mr. Chetan Sharma, Advocate and Mr. Paras Jhamb, Advocate for the petitioner.

Mr. R. S. Bains, Senior Advocate with Mr. G. S. Bains, Advocate and Mr. Sarabjot Singh Cheema, Advocate for the respondent.

TRIBHUVAN DAHIYA, J.

The petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) for quashing the complaint bearing CIS No. NACT-692-2017 IPC under Section 499 read with Sections 500, 501, 502 of the Indian Penal Code, 1860 (for short, ‘IPC’), dated 31.01.2017, Annexure P-1, as well as summoning order dated 04.03.2020, Annexure P-2, passed by the Judicial Magistrate 1st Class, Chandigarh, along with all subsequent proceedings.

2. Brief facts of the case are, the respondent filed the aforementioned complaint under Section 190 Cr.P.C. in individual capacity, alleging commission of offence of criminal defamation against the petitioner/accused under Section 499 read with Sections 500, 501 and 502 IPC. The respondent/complainant has claimed himself to be a respectable citizen of India as resident of SAS Nagar, Mohali. Being a baptised Sikh belonging to a Gursikh family, he earns his living by doing business, and serves the Sikh community through a religious organisation, namely, Akhand Kirtani Jatha (hereinafter referred to as ‘AKJ’). This is a world known organisation consisting of baptised Sikhs and has its set-up throughout the world. He also claims to be chief spokesperson of the AKJ for the last ten years on account of his honesty, unshakeable integrity and religious devotion. He alleged that there had been malicious conspiracies on behalf of various agencies to malign his reputation at different points of time, but given his high reputation in the Sikh religion, nobody could harm his stature. AKJ had been criticizing the government of Punjab for its failure to prevent the desecration of Shri Guru Granth Sahib, and identify the culprits behind it. On this account, the petitioner, who was Deputy Chief Minister, had been keeping grudge against him.

2.1 On 04.01.2017, the then Chief Minister of Delhi visited the complainant’s house in the morning and news about his visit was published in various newspapers, including ‘Ajit’ and ‘The Punjabi Tribune’. The petitioner, as Deputy Chief Minister of the State of Punjab, made certain defamatory statements in several newspapers alleging the respondent and the AKJ were political front of the largest terrorist outfit, Babbar Khalsa International (hereinafter referred to as ‘BKI’). He made the statements in political rallies and also to the press which were reported in the newspapers, vide the following news items:

(i) ‘The Hindustan Times’ dated 08.01.2017, Annexure R-1/Ex. C5:

S: they want to fight in Punjab, but do not know the culture, the ethos of Punjab. They do not know what Panth is. They think the formula they used in Delhi will work here. There is a difference of day and night between Delhi and Punjab. By chance, God forbid, if AAP comes to power, they will create chaos here. It believes in agitation, not in governance. Kejriwal wants to become Punjab chief minister.. Punjab needs support of Centre.... Kejriwal comes to Punjab and starts liaisoning with radicals. The day before yesterday (Thursday) he was having breakfast with Akhand Kirtani Jatha, which is political front of Babbar Khalsa International, which is the biggest terrorist organisation... He has dinner with the 'jathedars' appointed by the 'Sarbat Khalsa' that had declared Khalistan.

(ii) ‘The Punjabi Tribune’ dated 13.01.2017, AnnexureR-2/Ex. C6:

…Sukhbir Badal after filing his nomination letter and while addressing the journali