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A Supreme Court bench of Justices Chandrachud, Surya Kant, and Narasimha today refused to quash the FIR filed against Shiromani Akali Dal leader Bikram Singh Majithia. The FIR was lodged against Majithia for offences under Narcotics, Drugs and Psychotropic substances Act in December 2022.

When the matter came up for hearing, Kapil Sibal, Sr. Adv, appearing for Majithia, submitted that the Punjab and Haryana High Court took suo moto cognizance to fight the drug menace in Punjab and set up a Special Task Force (STF) consequently. He added that the STF filed its report in a sealed cover before the court and the court forwarded it to the government for investigation.

Sibal averred that in the sealed cover were statements made by certain persons to the effect of Majithia being involved in the drug trade as he had been providing vehicles and gunmen to the international drug mafia. He added that the statements based on which the FIRs were filed were made in a Money Laundering case and have been used for such a purpose. Sibal argued that such an act is not sustainable in law.

Court, on hearing Sibal's submissions, questioned him as to why the jurisdiction of the Supreme Court has been invoked for quashing an FIR. Sibal replied that the high court single judge has taken a view of the matter and that the matter is already before the division bench.

Justice Surya Kant retorted to this saying that a plea for quashing can be filed as a writ petition and the same will be taken up by the division bench. The court at this point informed the counsels that they will pass an order permitting Majithia to move a plea before the high court division bench.

Accordingly, the bench held that it was not inclined to entertain a petition under Article 32 of the Constitution but Majithia may challenge the FIR before a division bench of the Punjab and Haryana High Court, which may hear it.

The bench further noted that the main relief is for the quashing of the FIR dated 20 December 2021 under NDPS but there is an alternative prayer to entrust the investigation with SIT. The bench clarified that it is not inclined to entertain this prayer either.

It is to be noted that in January 2022 the Supreme Court protected Majithia from arrest for a period of 23 days. Majithia subsequently surrendered before the Mohali Court.

Case title: Bikram Majithia Vs State of Punjab