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Bikram Majithia moves Mohali court for anticipatory bail in drugs case; decision today
Akali MLA and former Punjab minister accuses Congress govt of misusing its power and position for ‘wreaking vengeance’
Mohali A day after the Union home ministry issued a lookout notice against him on the request of the Punjab Police, Shiromani Akali Dal MLA and former state minister Bikram Singh Majithia on Thursday moved a Mohali court for anticipatory bail in a drugs case registered on Monday.
The court of additional district and sessions judge Sandeep Kumar Singla adjourned the case for December 24 (Friday), after the completion of arguments, and also summoned police records pertaining to the case.
The plea of Majithia’s counsels Damanbir Singh Sobti and HS Dhanoa said, “The registration of the present FIR is nothing but an abuse of the process of law...in his public life, the applicant-petitioner has remained the MLA for three consecutive terms and has also had the privilege of serving as a cabinet minister in the state government, with important portfolios including Revenue, Renewable Energy, NRI Affairs etc.”
It added, “There has been no allegation of any kind of misconduct in any of the decisions taken by the applicant-petitioner as a minister in any of the departments, even by the opposition. This only goes to show that the present case has been falsely and baselessly planted on the applicant-petitioner. Further none of the provisions of Sections 25, 27(a) and 29 of the NDPS Act are attracted to the facts and circumstances of the present case.”
The plea added that petitioner may kindly be granted concession of anticipatory bail registered under Sections 25, 27(a) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Punjab State Crime, Mohali, in the interest of justice, equity and fair play.
“The Bureau of Investigation has also seen three directors change. Police officers have been forced and coerced to falsely implicate the petitioner or face transfers, charge-sheets and dire consequences. Officers have also been induced with promotions and plum postings if they toe the line of the government,” the plea said, accusing Punjab Congress chief Navjot Singh Sidhu of indulging in “unwarranted propaganda” and deputy chief minister Sukhjinder Singh Randhawa demonstrating “intense hatred” towards him.
The plea said that the previous acting DGP, Iqbal Preet Singh Sahota, was reluctant to falsely Majithia. Hence the present DGP, Siddharth Chattopadhyaya, was given the additional charge of the posy. “He was appointed only to act as a tool to advance the political interests of the present government,” Majithia claims in the plea.
The plea said that the report of the special task force (STF), which is the basis of the FIR, was either superseded or merged with the subsequent report of a state government committee. But, this fact was ignored and the FIR was registered. The STF and government committee reports were only for the consumption of the high court and were mere opinion reports for the court’s own assistance. Moreover, in the entire lengthy FIR no fresh evidence has been collected or statement recorded.
The plea added that in all the cases registered under the NDPS, trials have been concluded with the acquittal of some accused and the conviction of others. None of the accused made any reference to the petitioner, nor did the trial court invoke its powers to summon Majithia.
The plea also referred to the controversy involving ADGP SK Asthana, claiming that he refused to investigate the matter and raised questions on whether the matter can be investigated, it being sealed before court; superseded by other reports and whether investigation can be initiated without the permission of the court.
