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SC junks Punjab govt’s petition against bail to Congress MLA in drugs case
The Supreme Court has dismissed an appeal by the Punjab government against the bail granted to Congress MLA Sukhpal Singh Khaira in a 2015 drug case. The court refused to interfere with the high court's order, stating that it was not a fit case for interference. The bench also noted that subsequent events and allegations of witness intimidation should be brought before the trial court or the high court. Khaira was arrested in 2015 in connection with the case and was released on bail in January 2024. He was also arrested by the Enforcement Directorate in 2021 on money laundering charges.
The Supreme Court on Thursday dismissed an appeal filed by the Punjab government against the bail granted to Congress MLA Sukhpal Singh Khaira in a case registered against him in 2015 under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
“We are not inclined to interfere with the impugned order passed by the high court,” said a bench of justices Bela M Trivedi and KV Viswanathan, refusing to stay the bail order.
“On the materials you have relied on and in the background of the case, when the high court has already applied its mind, we don’t think it’s a fit case for interference by this court,” the bench held.
While the allegations are indeed serious, the bench added, it was not inclined to review the high court order of granting bail to Khaira in the facts and circumstances of this case. “This is a case registered in 2015. We are now in 2024. The high court has already looked into everything and granted bail,” it added.
On a contention that Khaira could be a threat to witnesses and that he has been making controversial statements after his release, the bench said that the state government was at liberty to bring all the relevant facts to the notice of the trial court or the high court.
“Subsequent events cannot be a reason to interfere with the order now...We are not interfering nor are we going to comment on anything. We are not granting anything in this matter,” it further remarked.
The Punjab and Haryana high court on January 4 granted bail to the Congress MLA from Bholath in the 2015 drugs case. However, the reprieve was short-lived as he was arrested by the Kapurthala police in another case, for allegedly threatening and intimidating a witness in the NDPS case.
A Kapurthala court on January 15 released Khaira on bail in the second case, paving the way for the three-time MLA to walk out of Nabha jail four months after he was arrested in the 2015 drugs case on September 29 last year.
In its appeal before the top court, senior counsel Sidharth Luthra, representing the Punjab government, argued that the bail order completely ignored section 37 of the NDPS Act, mandating the court to be satisfied that there were reasonable grounds for believing that the accused was not guilty of such offence and that he was not likely to commit any offence while on bail.
Senior advocate PS Patwalia, representing Khaira, contended that the state government had malice against the Congress leader as Patwalia cited his client’s arrest in another case hours after he was released on bail by the high court in the 2015 case.
The drugs case was registered in March 2015 at Jalalabad in Fazilka. Nine people, including Gurdev Singh, allegedly a close aide of Khaira, were booked and later convicted. The police reportedly seized two kg of heroin, 24 gold biscuits, a country-made pistol, a .315-bore pistol and two Pakistani SIM cards from them.
Khaira was arrested in September in connection with the 2015 case following a further investigation, triggering accusations of political vendetta against the state’s ruling Aam Aadmi Party from the Congress.
Khaira was also arrested by the Enforcement Directorate in 2021 on charges of money laundering linked to the 2015 case. He was, however, granted bail in 2022.
