HC issues notice to Punjab govt on Khaira’s plea challenging his arrest

Khaira, in the plea, has challenged his arrest. The plea demands that a record of the 2015 FIR be called and an appropriate order be passed after determination as to how and why and under what circumstances the Fazilka court had “chosen to exercise jurisdiction for carrying out further inquiry against him” and further directed presentation of challan against him in a matter which has been accorded “quietus and complete closure” by the apex court in February 2023

A Punjab and Haryana high court bench on Monday sought a response from the Punjab government on a plea from Congress MLA Sukhpal Singh Khaira, arrested by Punjab police on September 28, in connection with a 2015 drugs case.

In an SIT probe, Khaira’s name had allegedly cropped up in the investigation during the examination of some accused persons. (File)

Khaira, in the plea, has challenged his arrest. The plea demands that a record of the 2015 FIR be called and an appropriate order be passed after determination as to how and why and under what circumstances the Fazilka court had “chosen to exercise jurisdiction for carrying out further inquiry against him” and further directed presentation of challan against him in a matter which has been accorded “quietus and complete closure” by the apex court in February 2023.

The FIR was registered in March 2015. In an SIT probe, Khaira’s name had allegedly cropped up in the investigation during the examination of some accused persons. Nine persons were convicted on October 31, 2017, who were arrested by the police. In the same order, the trial court summoned Khaira for November 30, 2017, as an additional accused. In February 2023, the apex court had quashed the summoning order. The police had recovered 2kg heroin, 24 gold biscuits, one country-made pistol and two Pakistani SIM cards from the accused persons, who were convicted.

He has termed the police move to arrest him “absolutely illegal and unconstitutional and has sought quashing of the Fazilka court order whereby he was given on police remand.

It also demands that the trial court order of April 13, 2023, be declared non-est in law as it is tantamount to contempt of the apex court order and accordingly be set aside. On April 13, the Fazilka court had ordered the release of his passport, seized in connection with the 2015 case but recorded that “… (passport seizure proceedings are dropped) but without prejudice to the right of the state to carry out any further investigation with regard to the involvement of the applicants and other suspects in the drugs smuggling case or thereafter presentation of challan” in the same case. The government has to submit its response by Tuesday.