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'Sudden Criminal Cases Before Elections Seem Motivated': Supreme Court Protects SAD Leader Bikram Singh Majithia From Arrest Till Feb 23
LIVELAW NEWS NETWORK
31 Jan 2022 1:24 PM IST
The Supreme Court on Monday protected Shiromani Akali Dal leader Bikram Singh Majithia from arrest in a drug case till February 23, taking note of the fact that the Punjab assembly elections are going to take place on February 20. The Court granted this relief to allow Majithia to do election campaigning. A Bench comprising CJI NV Ramana, Justice AS Bopanna and Justice Hima Kohli...
The Supreme Court on Monday protected Shiromani Akali Dal leader Bikram Singh Majithia from arrest in a drug case till February 23, taking note of the fact that the Punjab assembly elections are going to take place on February 20. The Court granted this relief to allow Majithia to do election campaigning.
A Bench comprising CJI NV Ramana, Justice AS Bopanna and Justice Hima Kohli directed Majithia to surrender before the concerned Court on February 23 seeking regular bail.
During the hearing, the bench expressed concerns about the trend of criminal cases being filed against political opponents ahead of the elections.
"Sorry to say this, suddenly these cases are coming up before elections and everybody has reasons to suspect some motives...", CJI Ramana told Senior Advocate P Chidambaram, who was appearing for the State of Punjab.
"We are in a democracy. At least allow the candidates to file nomination and contest elections", CJI added.
"Mr.Chidambaram, please advise your state, that it does not look like you are taking motivated actions...", the CJI said adding that a bail plea of another political leader from Punjab was coming up tomorrow.
" As far as this matter is concerned, this was under the monitoring of HC for long. With respect to other matters, I will advise the govt to not take any political vindictive action", Chidambaram replied.
Senior Advocate Mukul Rohatgi, appearing for Majithia, argued that this was a "classical case of political vendetta". He pointed out that the FIR was registered on December 20, 2021, on the directions of the Acting DGP with respect to offences of the time period 2004-2015. The DGP's letter referred to a report of the Special Task Force, the veracity of which is under the examination of a High Powered Committee constituted by the Punjab and Haryana High Court. He alleged that the head of the STF is an estranged relative of Majithia.
Rohatgi further submitted that when he appeared for questioning, "ridiculous questions" were asked such as why his wife had not taken his surname. He was also asked to produce his wedding album, the senior counsel submitted.
Senior Advocate Chidambaram argued that the matter was under the monitoring of the High Court for long. The investigation got delayed when the other party was in power till 2017. He submitted that the wedding albums were sought to ascertain if other accused in the case had attended the wedding of the petitioner.
"There were statements recorded that there were money transactions. Majithia mediated money transactions for elections. Some accused are in India. We have to confront Majithia with these statements. HC has dealt with everything", Chidambaram submitted.
Chidambaram submitted that "Punjab is sinking under drug trade and unless a strong message is sent, the youth of the State will be doomed".
The bench said that it was appreciating the drug control efforts.
Majithia has approached the Supreme Court against the January 24 order of a single bench of the Punjab and Haryana High Court which refused him pre-arrest bail in connection with an NDPS case registered against him.
It may be noted that on January 10, the Punjab and Haryana High Court had granted him interim protection from arrest in Drugs Case on the condition that he shall co-operate in the police probe. The Bench of Justice Lisa Gillhad granted him interim protection while dealing with his anticipatory bail plea in a case registered against him by the Punjab Police last month under Sections 25 (allowing premises etc to be used for commission of an offence under the Act), 27A (financing illicit traffic and harboring offenders), and 29 (abetment and criminal conspiracy) of the Narcotic Drugs And Psychotropic Substances (NDPS) Act.
Background:
After a Mohali court dismissed Majithia's anticipatory bail plea, he had moved the High Court contending that there is an inexplicable delay in lodging of the FIR and the FIR itself could not have been lodged because if at all, any material had indeed surfaced against the petitioner, it was incumbent upon the authorities to have firstly sought permission of the competent Court before proceeding against him.
On January 5, appearing for Majithia, Senior Advocate Mukul Rohatgi had argued before the High Court that the matter was being investigated both by the Enforcement Directorate (E.D) and the Special Task Force (STF) as well as the Committee constituted under orders of the Court, but no action for all these long years was taken against the petitioner.
Lastly, it was submitted that registration of the present FIR was vitiated by political and ulterior motives and it was 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 this Court.
Case Title: Bikram Singh Majithia vs State of Punjab
