SC directs Punjab police to not arrest SAD leader Bikram Singh Majithia till Feb 23 in view of assembly polls

A Bench of Chief Justice of India Nuthalapati Venkata Ramana and Justices AS Bopanna and Hima Kohli asked Majithia to surrender before the concerned trial court on February 23 and apply for regular bail.

(Credits: ANI)

New Delhi: The Supreme Court on Monday (January 31, 2022) granted protection from arrest to Shiromani Akali Dal (SAD) leader Bikram Singh Majithia till February 23, 2022, in the drug case in the view of the assembly polls in Punjab which will be held on February 20. 

A Bench of Chief Justice of India Nuthalapati Venkata Ramana and Justices AS Bopanna and Hima Kohli asked the SAD leader to surrender before the concerned trial court on February 23 and apply for regular bail.

The apex court also directed senior advocate P Chidambaram to appear for the Punjab government to make sure and advise the State that such cases are not filed before elections.

The observation of the Supreme Court came when it told Punjab government about another anticipatory bail plea filed by an MLA who complained of FIR being registered ahead of elections.

"There was another mentioning today regarding anticipatory bail of Simarjit Singh Bains where a case has been registered against him. That case will be heard tomorrow. Sorry to say suddenly these criminal cases are coming out before elections...," the Bench said.

It added, "We are in a democracy, at least allow them to file nomination."

The senior advocate said that he can assure the apex court that there will be no politically vindictive action in Punjab.

Senior advocate Mukul Rohatgi appearing for Majithia, during the hearing, argued that this is a classic case of political humiliation and vendetta.

Chidambaram told the Bench that this is a gross case of an international drug racket.

"Punjab now is sinking under a drug trail and we have to send a message that drug trafficking will not be taken lightly else the future of Punjab youth is damned," Chidambaram added. He also added that custodial interrogation of Majithia is required in the case.

While replying to this the SC bench said that it is not asking the government to hold its hands and not control drug mafias, but let the elections take place on February 20.

Chidambaram said let him surrender on February 21 and then the government can move the trial court for his custody.

The Bench, however, said Majithia will get protection from arrest till February 23 and thereafter he will surrender.

Earlier last week, the Bench asked the Punjab government not to arrest Majithia till January 31, when his plea for anticipatory bail will be heard. The Punjab and Haryana High Court on January 24 had dismissed Majithia`s anticipatory bail plea.

The High Court had granted three-day protection from arrest to Majithia for approaching the top court to challenge its order in which the anticipatory bail plea of the former minister was dismissed.

Majithia, who is facing an FIR by Punjab Police in a Narcotic Drugs and Psychotropic Substances Act (NDPS) case, was earlier granted interim bail by the High Court on a condition of cooperating in the investigation.

Majithia was apprehending arrest after a case under the provisions of the NDPS Act was registered at Mohali on December 20, last year.

The petition filed through Karanjawala law firm, stated that "the present case is blatantly political in nature and has been registered with the malafide objective to target the petitioner who is the mainstream leader of the opposition party, one month prior to the polls in the State."

"The current dispensation i.e. the Congress-led government has left no stone unturned to misuse its powers and position for wreaking vengeance against its political opponents and the Petitioner is one such target. The gross abuse of the process of law and the vindicative nature of the FIR. No. 0002, dated December 20, 2021, is evident from the fact that the FIR has been registered in 2021 in respect of allegations/incidents of 2014. Thus there is a gross and unexplained delay," the plea in the apex court stated.

It said the FIR has been deliberately registered at a time just prior to the elections with the oblique motive to remove the Majithia, who is the prime face of the opposition party, to gain political mileage.

The filing of nominations has started in the State of Punjab from January 25, 2022, and would continue till February 1, 2022, said the plea, adding that the purity of the electoral process is at stake.

In the High Court, Majithia alleged that the sole intention to register the FIR against him is to take him in custody and torture him. Majithia had contended that the FIR was registered against him keeping an eye on the upcoming elections and his fundamental rights are at stake.

Punjab, before the High Court, had opposed his bail plea contending that Majithia has not extended full cooperation during the investigation. 

(With ANI inputs)