SC judge recuses from hearing Punjab govt plea against bail to Majithia
Darpan News Desk IANS, 30 Jan, 2023 12:21 PM
New Delhi, Jan 30 (IANS) Supreme Court judge Justice Surya Kant on Monday recused himself from hearing a Punjab government plea challenging the high court order, which granted bail to Shiromani Akali Dal leader and former minister Bikram Singh Majithia in a drug case.
The matter was listed for Monday before a bench of Justices Surya Kant and J.K. Maheshwari.
As soon as the matter came up for hearing, Justice Surya Kant said he was part of the high court bench which passed directions to set up a special task force to investigate the matter.
Majithia, the brother-in-law of SAD President Sukhbir Singh Badal and brother of former Union minister Harsimrat Kaur Badal, had been lodged in the Patiala jail on February 24 last year.
The Punjab government, represented by senior advocate Shyam Divan, moved the apex court challenging the Punjab and Haryana High Court order dated August 10, 2022.
The bench ordered: "Let the matter be listed before a bench in which one of us (Justice Kant) is not a member."
Granting bail to Majithia, the high court had observed that there were "reasonable grounds" to believe that he is not guilty. Majithia was released after spending more than five months in the Patiala jail in the drug case.
However, the high court had clarified that the trial court should proceed independently of the observations made by it. Majithia was booked on the basis of a 2018 report of the anti-drug special task force (STF) into a drug racket in the state.
Denying bail to the jeweller Dev Varma (40), Chief metropolitan magistrate Pankaj Sharma said in the Monday's order that some of the expensive jewellery in connection with the crime was yet to be recovered and pointed out the Delhi Police's stand in the matter.
Orthopedic specialist Dr. Satish Kumar Poonia working in Ringus CHC, his wife Sarita Poonia, son Raja alias Daksh (14), Poonia's brother-in-law Rajesh Devanda (35) and Rajesh's wife Reena died in accident. The search is on for the doctor's two-year-old daughter Rajvi and her brother-in-law's elder brother's 4-year-old daughter Gudiya in the canal.
As per the latest findings of the Comptroller and Auditor General of India, the state's financial crisis is set to worsen with the debt likely to reach Rs 3.73 lakh crore by 2024-25.
The bench noted that the victims have been denied a chance of effective hearing and the high court overlooked relevant considerations. It further added that the tearing hurry shown by the high court merits the setting aside of bail order and remanded the matter back to high court for fresh consideration. The bench said the high court order cannot be sustained and is thus set aside.
A local court on Monday remanded Abhishek Hiremath, the accused youth whose objectionable social media post allegedly triggered large-scale violence in Hubballi, to judicial custody till April 30. Prohibitory orders have been clamped in the city till April 20 and as many as 100 persons detained in connection with the violence.
Punjab Police have solved the hand-grenade attack at Crime Investigation Agency (CIA) office in Nawanshahr by busting a major Pakistan-based terror module run by Harvinder Singh, alias Rinda, with the arrest of its three operatives, said Director General of Police V.K. Bhawra here on Monday.
