In a relief to Shiromani Akali Dal leader Bikram Singh Majithia, the Supreme Court Monday directed the Punjab police not to arrest him till February 23 in a drugs case so he can undertake electioneering, saying “we are a democracy” where politicians be permitted to file nominations and it should not get the impression that 'motivated' cases are filed.
Flagging the sudden spurt in criminal cases against political opponents just before the assembly polls, a bench headed by Chief Justices N V Ramana asked senior advocate P Chidambaram, appearing for the Punjab government, to advise the authorities to ensure that it does not get the impression that the state is acting against political rivals with vindictiveness.
While protecting Majithia against coercive measures, the bench, also comprising Justices A S Bopanna and Hima Kohli, directed him to surrender after the Punjab assembly polls, scheduled on February 20, before a trial court which would be at liberty to hear and expeditiously decide his regular bail plea.
“Heard the counsel. Taking into consideration the facts and circumstances of this case, for the present, we are protecting the petitioner from arrest till February 23. On February 23, the petitioner has to surrender before the concerned trial court and apply for regular bail. The trial court will be at liberty to consider the bail plea expeditiously in accordance with law,” the bench said in its order.
During the hearing, the bench said that it was not against the police action against the drug racket, but wondered about the sudden surge in FIRs against political opponents in the state.
“I want to ask one more question about the conduct (of the police). Today morning, one more similar case came up before us. We are sorry to say. It was with reference to another MLA. According to them, they (police) have fabricated an FIR and at the last minute, they are going to prevent him from filing the nomination. I don't know.
“We are sorry to mention these things. We are in a democracy and at least, allow them to file the nominations in elections... Suddenly these criminal cases are coming out. Just before the elections, everybody has some reasons to believe that there was some motive. This is all. We are not asking your state police to hold their hands and not to control the drug mafia. You are at liberty to do this,” the bench said.
Chidambaram said he acknowledged that there had been political actions in the past.
“But this (Majithia case) is not a political action and this is a case which is monitored continuously by the high court... On 21st February, let him surrender. Give us three days custody,” he said.
“We are not interfering with anything and we want you to allow him to contest,” the bench said, adding “Once again, I am requesting you that please advise your State that this impression should not get us that this is something motivated and all that. Tomorrow another (similar) matter is coming up. Please get instructions.”
Chidambaram said political vendetta is sometimes unleashed on opponents, but the present case has a long history and has been monitored by the high court.
“In another case, I will certainly convey to my government that it should not take any politically vindictive action,” he said.
At the outset, senior advocate Mukul Rohatgi, appearing for Majithia, said that it was a "classical case of political vendetta" as the FIR was registered on December 20, 2021, on the directions of the Acting DGP with respect to offences of the time period 2004-2015.
When Majithia appeared for questioning, he was told by police to produce his wedding album and asked "ridiculous questions" such as why his wife had not taken his surname.
On the other hand, Chidambaram referred to monitoring by the high court and attributed the delayed action to change in governments.
The wedding albums were sought to ascertain if other accused in the case had attended the wedding of Majithia, he said.
"There were statements recorded that there were money transactions. Majithia mediated money transactions for elections. Some accused are in India. We have to confront Majithia with these statements,” Chidambaram said.
On January 27, the apex court had orally asked the Punjab government not to take any coercive step against Majithia till January 31.
The pre-arrest bail plea of Majithia, who was booked under the Narcotic Drugs and Psychotropic Substances Act on December 20 last year, was dismissed by the Punjab and Haryana high court on January 24.
An appeal has been filed in the apex court.
The high court on January 10 had granted interim protection to Majithia from the arrest in the matter while directing him to join the investigation on January 12.
It had also imposed some conditions, including not leaving the country, on the Akali leader.
The high court had extended the interim protection on January 18.
Majithia (46) had moved the high court seeking anticipatory bail after his plea was rejected by a Mohali court on December 24.
Majithia is the brother-in-law ofD leader Sukhbir Badal and the brother of former Union minister Harsimrat Kaur Badal.
The former Punjab minister was booked under the NDPS Act on the basis of a 2018 report of a probe into a drugs racket operating in the state.
The report was filed by the anti-drug special task force chief Harpreet Singh Sidhu in the Punjab and Haryana High Court in 2018.
The 49-page FIR in the matter was registered by the state Crime Branch at its Mohali police station.
Majithia was booked under sections 25 (punishment for allowing one's premises for its use for the commission of an offence), 27A (for financing sale, purchase, production, manufacture, possession, transportation, use or consumption, import and export or any act pertaining to narcotics) and 29 (abetting or plotting an offence) of the NDPS Act.
In his bail plea, theD leader had submitted that the Congress government in Punjab had "left no stone unturned to misuse its powers and position for wreaking vengeance upon its political opponents".
