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Drugs case: HC defers hearing on Majithia’s anticipatory bail plea till January 5
Senior advocate RS Cheema, who appeared for Majithia, sought a virtual hearing but the court declined his request; Mukul Rohatgi to appear for SAD leader, while Punjab govt ropes in P Chidambaram
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The Punjab and Haryana high court on Thursday deferred the hearing on the anticipatory bail plea of Shiromani Akali Dal leader and former state minister Bikram Singh Majithia in a drugs case till January 5.
The matter was listed for physical hearing before the bench of justice Lisa Gill. However, as senior advocate RS Cheema, who appeared for Majithia, sought a virtual hearing and the court did not agree for the same during its vacation, the matter was deferred for January 5. The virtual hearing was being sought in view of Supreme Court advocate Mukul Rohatgi to appear for Majithia, said lawyers.
The Punjab government has roped in Supreme Court lawyer and former Union minister P Chidambaram to argue its case.
Mohali court had dismissed Majithia’s bail plea
On December 24, a Mohali court had dismissed Majithia’s plea, observing that though his claims are of political vendetta but he himself was a powerful person in state politics till 2017 during the Shiromani Akali Dal’s rule.
Majithia was booked by Punjab Police on December 20 under cognizable sections of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, including Sections 25 (punishment for allowing premises), 27 (A) (whoever is financing any activities pertaining to narcotic drugs) and 29 (party to a criminal conspiracy to commit an offence). Majithia’s whereabouts are not known.
The plea says the FIR is an “election stunt” and for the purpose, the government has changed three Punjab Police chiefs in three months The Bureau of Investigation has also seen three departmental heads change. It also accuses Punjab Congress chief Navjot Singh Sidhu of indulging in “unwarranted propaganda” and deputy chief minister Sukhjinder Singh Randhawa of demonstrating “intense hatred” towards Majithia.
While rejecting his plea, the Mohali court had observed that the delay in lodging the criminal case against Majithia cannot be a ground to presume that the whole case is false. His name cropped up in 2014 and the SAD was in power till February 2017.
Special judge Sandeep Kumar Singla also said that the FIR has been registered on the basis of a report that prima facie shows the “involvement” of the applicant in the drug trade and harbouring of accused involved in the drug mafia. The question on legality of the criminal case, whether it is borne out of political vendetta or not, cannot be a ground for granting anticipatory bail, Singla had held.
Plea cites ‘political interests’ of rivals
The plea claims Siddharth Chattopadhyaya was given the additional charge of DGP only to act as a “tool to advance the political interests” of the present government. The plea also referred to the controversy involving ADGP SK Asthana, claiming that he refused to investigate the matter and raised questions whether the matter can be investigated, it being sealed before the court; superseded by other reports and whether investigation can be initiated without the permission of the court.
The plea says 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. Moreover, in the entire lengthy FIR no fresh evidence has been collected or statement recorded, it says, adding that in all drug cases registered, trials have been concluded with the acquittal of some accused and the conviction of others. None of the accused made any reference of the petitioner, it says.
