SC Judge Justice Surya Kant Recuses From Hearing Plea Seeking Cancellation of Bail Granted To SAD Leader Bikram Singh Majithia

Supreme Court judge Justice Surya Kant on Monday recused himself from hearing an appeal filed by the Punjab government against the order of the High Court granting regular bail to Shiromani Akali Dal leader Bikram Singh Majithia in connection with a drugs case.

The matter was listed before the bench of Justices Surya Kant and JK Maheshwari.

When Senior Advocate Shyam Divan, who was appearing for the Punjab government started his submissions, Justice Surya Kant who was heading the bench said that he had led the High Court bench which directed the Special Task Force to investigate the case.

The bench then, after a brief discussion, ordered that the matter be listed before a bench of which Justice Kant is not a part.

It is to be noted that the Punjab and Haryana High Court had granted bail to the former minister and Senior Leader of the Shiromani Akali Dal in the drugs case filed against him.

A division bench of the High Court comprising Justices MS Ramachandra Rao and Sureshwar Thakur had allowed the bail plea filed by Majithia last year.

Majithia had contended before the High Court that the cases filed against him under the NDPS Act were completely political in nature and were vitiated by political and ulterior motives. It was further asserted that Majithia had no criminal record and is a mainstream politician and he had also undertaken to join the investigation, fully cooperate with the investigating agency and abide by any conditions which may be imposed by the Court. 

Last year, a bench comprising Justices DY Chandrachud, Surya Kant and PS Narasimha had granted liberty to the SAD Leader to approach the Division Bench of Punjab and Haryana High Court against quashing of FIR registered against him in the NDPS case and for grant of bail.

Case Title: THE STATE OF PUNJAB Versus BIKRAM SINGH MAJITHIA Diary Number - 35970/2022

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