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.
A day earlier, Sonia Gandhi asked party chiefs Sidhu in Punjab, Ganesh Godiyal in Uttarakhand, Ajay Kumar Lallu in Uttar Pradesh, Girish Chodankar in Goa and Nameirakpam Loken Singh in Manipur to resign. Sidhu, once a Chief Minister aspirant, faced defeat from his stronghold Amritsar (East) seat.
Senior advocate Dushyant Dave, representing the family members, submitted before a bench headed by Chief Justice N.V. Ramana that on March 10, a protected witness in the case had been attacked and the state government did not file an appeal challenging the bail granted to Misra in the case.
The SAD also announced the expulsion of Kalka from the primary membership of the party, besides dissolving the party's Delhi unit. It also announced the formation of a five-member ad hoc committee headed by veteran leader Avtar Singh Hit, and comprising Harinder Singh Kaypee, Bhupinder Singh Anand, Gurdev Singh Bhola, and Ravinder Singh Khurana.
In December last year, the Supreme Court had said it expects a fair investigation and investigating agencies should be neutral, as it asked Delhi Police to conclude the probe, by December 15, in a case against Singh.
Amid a call for leadership change in the party, Congress General Secretary in-charge of Uttar Pradesh Priyanka Gandhi Vadra has called a meeting of party leaders on Tuesday to find out the reasons for the defeat. The Congress could only get just over 2 per cent votes and two seats in the Uttar Pradesh polls.
The plea argued that the high court granted bail without considering the heinous nature of the crime and also in the backdrop of overwhelming evidence against the accused in the charge sheet. The plea further argued that there is likelihood of the accused tampering with the witnesses and causing obstruction in justice.
