Supreme Court protects Akali Dal leader from arrest till February 23

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A Supreme Court bench headed by Chief Justice of India NV Ramana today granted protection to Shiromi Akali Dal leader Bikram Singh Majithia till February 23, 2022 for a case under the Narcotic Drugs and Psychotropic Substances Act.

The bench also consisting of Justices Bopanna and Hima Kohli asked Majithia to surrender before the Magistrate and seek a regular bail.

The court took serious objection to the fact that leaders of the opposition party are being arrested by the government in the days leading up to the election. The CJI said - “Anticipatory bail plea of another opposition leader is coming up before us tomorrow? Is this how things are done? Please advise your government,” he told P. Chidabaram, senior advocate, appearing for Punjab.

When the hearing for the matter commenced, Mukul Rohatgi, Senior Advocate, appearing for Majithia, submitted that this is a “clear case of political vendetta”. He submitted that there can’t be a grosser case of humiliation. The FIR was was registered on 20th December,202 for  the occurrence of the offence that are alleged to have taken place between 2004 to 2014.

He further submitted that a new DGP was appointed on 18th December 2021 and within 2 days the DGP read everything and wrote a letter asking the officer to register a Case. He submitted that the DGP directed the officers to  file a case on basis of the report but the STA report is lying in the court. He submitted that the STA from 2018 to 2021 has not examined anybody.

P.Chidambaram, appearing for the State of Punjab submitted that t.his is a case of international drug trafficking, 3 persons based in Canada and 3 in India. Statements have been recorded that these people are connected with Majithia.

The court on hearing the parties ordered the State of Punjab not to arrest Majithia till 23rd February, and further asked him to surrender before the court and seek regular bail. The court further asked the State not to unnecessarily keep arresting leaders of opposition till the conclusion of election of February 20, 2022.

On Thursday, Mukul Rohatgi, Senior Advocate, appeared for Majathia and informed the court that the matter “reeks of political rivalry.” He further submitted that the High Court had granted a mere three days to approach the Supreme Court, which is unusual. 

P.Chidambaram, Senior Advocate, appearing from the State of Punjab submitted that the Majithia has gone into hiding despite the order of the High Court.

The Chief Justice of India NV Ramana on hearing the parties remarked that “this is not the election fever, this is the election virus.: The court had also directed the State not to take any coercive actions against Majithia till today The court while agreeing to list the matter on Monday, asked the State of Punjab not to take coercive steps against Majithia. Majithia had been booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Case title: Bikram Singh Majithia Vs State of Punjab