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HC judge recuses from hearing Khaira’s plea challenging arrest
A Punjab and Haryana high court judge on Thursday recused from hearing a plea from Congress MLA Sukhpal Singh Khaira who was arrested by Punjab Police on September 28, in connection with a 2015 drugs case
Chandigarh : A Punjab and Haryana high court judge on Thursday recused from hearing a plea from Congress MLA Sukhpal Singh Khaira who was arrested by Punjab Police on September 28, in connection with a 2015 drugs case.
Justice Vikas Bahl, before whom the case was listed for hearing, sent the matter to the chief justice for assigning it to some other bench as he as a lawyer had appeared in a case involving Khaira. In his plea, Khaira has challenged his arrest.
The FIR was registered in March 2015. In an SIT probe, Khaira’s name had allegedly cropped up in the investigation during interrogation of accused. Nine persons were convicted on October 31, 2017. 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, a country-made pistol and two Pakistani SIM cards from the accused who were convicted.
The plea demands that 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.
It also demands that the trial court order of April 13, 2023, be declared non-est in law as it tantamount to contempt of the apex court order and accordingly be set aside. On April 13, the Fazilka court had ordered 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.
He has termed police move to arrest him “absolutely illegal and unconstitutional” and has sought quashing of Fazilka court order that sent him to police remand.
