HC stays order summoning Salman Khurshid in trespass case

The Delhi High Court Monday stayed a trial court's order summoning former Union minister Salman Khurshid as an accused in a trespass case.

Justice R K Gauba sought response of the Delhi Police on the Congress leader's plea challenging the trial court's August 4 order by which he was directed to appear on September 17.

The high court had on May 9 also set aside the trial court's previous order summoning Khurshid in the case.

It had then asked the magisterial court to consider afresh the main charge sheet and the supplementary charge sheet before passing any order, while making it clear that it has not opined on their merit.

Khurshid, who argued in person in the high court today, contended that it was travesty of justice and the trial court did not even specify the provisions of law for which he was being summoned.

Khurshid, along with advocate Pramod Kumar Dubey, said if he does not know the sections invoked on him, how would he exercise his right.

"What is the offence against which cognisance was taken and summons were issued? The summons received by me mentions the sections of IPC but the trial court's summoning order does not say anything about the provisions," he said.

The court, after hearing arguments for nearly an hour, issued notice to the police and summoned trial court records before the next date of hearing, i.e. November 1.

It also stayed the trial court's summoning order till the next date.

The court directed the complainant in the case, V K Shunglu, to be impleaded as a party and sought his response on the plea.

As per the summons received by Khurshid, he has been summoned as accused for the the alleged offences of cheating by impersonation, house-trespass after preparation for hurt, possessing a document knowing it to be forged and intending to use it as genuine and criminal conspiracy under the IPC.

Khurshid has sought quashing of trial court summoning him as an accused for alleged offence of trespassing into an office of the Delhi Public School (DPS) society in south Delhi.

His counsel had earlier submitted that Khurshid was given a clean chit by the Delhi Police in the first charge sheet in which it was mentioned that no case was made out against him.

According to the police, the DPS Society had alleged that on March 30, 2015, that Khurshid, along with one Sharda Nayak, had trespassed into the office of the society and the latter had forcibly occupied the office of the Chairman.

"They took control of the premises of the society" and it was in the presence of Khurshid that Nayak announced herself as the society's chairperson, the DPS Society had alleged, adding that Khurshid was part of a "well-planned conspiracy to illegally occupy and take over the premises of the society".

Following the incident, an FIR was also lodged in the matter.

Khurshid had alleged in his plea before the high court that the magistrate had passed the summoning order without application of mind.

The plea had said the police had filed a charge sheet in the case in February 2016 exonerating Khurshid, but filed a supplementary charge sheet in December 2017 naming him and five others as accused.

The Congress leader was neither named, nor was any role attributed to him in the FIR lodged on March 31, 2015 at Amar Colony police station here, the petition had claimed, adding that he was a life member of the DPS Society on the date of the alleged incident and had the legal right to visit the society premises as a stakeholder.