In Brief
A private complaint alleged that the Shiromani Akali Dal filed conflicting affidavits with the Election Commission (declaring secularism) and the Gurdwara Commission (showing religious restrictions), constituting fraud and forgery. The trial court summoned the party leaders to face trial. The Supreme Court held that no false document was produced—only a permitted Memorandum was filed, not a forged Constitution. Making a false claim differs from creating a false document. The ingredients of forgery and cheating offences were not established. Prosecuting a 20-year-old complaint, filed 20 years after the event and after a prior rejection by the ECI, was an abuse of process. The Court quashed all criminal proceedings and summoning orders.
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