Supreme Court Stays Execution Of Warrant Against Congress Leader Randeep Surjewala For 5 Weeks In 23-Year-Old Case

The Supreme Court on Thursday (09.11.2023) directed that the non bailable warrant issued against National Spokesperson of Congress Randeep Surjewala shall not be executed for the next five weeks. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra granted liberty to Surjewala to move to the trial court with an application to quash the warrant against him in four weeks. The matter was urgently mentioned by Senior Advocate AM Singhvi before the bench and was then taken on board, though it was not listed today otherwise. 

The warrant was issued by a Varanasi Special Judge (MP-MLA) on November 7, 2023, ordering Surjewala to appear before the court on November 21 in connection with a case of alleged political agitation dating back to the year 2000 when Surjewala served as a youth Congress leader.

Senior Advocate Dr AM Singhvi, representing Surjewala, explained that the case stems from events that occurred in 2000, and the summons against Surjewala was issued 22 years later in August 2022. Singhvi argued that the court had not provided him with the legible copies of essential documents, including medical records, were not provided.

Accordingly, Surjewala had moved the Allahabad High Court under Section 482 CrPC. The High Court reserved its judgement in the matter on October 30, 2023. However, despite the order not being out yet, non bailable warrants were issued against him.

Singhvi argued that the High Court had refused urgent mentioning and listing of the matter. Explaining the timeline, he submitted–

"On 31 August he appears personally. On 18.10.2022, I ask for legible copies. Court allows my request and says give him legible copies. On 20 March 2023, High Court allows me discharge through pleader plus it says no coercive action...This High Court order is repeated on 12 July 2023. I am given documents on 27.07.2023 but important necessary documents like medical documents etc are not given. I go in a 482 to the High Court. On 30 October, the High Court reserves order. On 7 November 2023, the NBWs are issued against me. I go running to the High Court. High Court doesn't either allow mentioning or listing."

Asserting that the warrants could not have been issued against him, Singhvi submitted–

"I may be right or wrong. But why are NBWs issued? Just wait for the order...He is a senior secretary. Allow him some breathing space. The judgement will come, I will take my recourse."

Singhvi also highlighted that the warrants have been issued at a time when Surjewala is doing the campaign work for the Madhya Pradesh assembly elections.

Bearing in mind the order the court was passing, the Supreme Court stated that it was not necessary to issue notice to respondents at this stage. It held–

"Petitioner is granted liberty to move an application for cancellation of NBW to trial court within a period of 4 weeks. The warrant shall not be executed in the meantime for the period up till 5 weeks."

Click Here To Read/Download Order