Why SC Judge Recused Himself from Hearing Punjab Govt Plea Against Bail to SAD Leader Bikram Singh Majithia

Last Updated: January 30, 2023, 17:43 IST

Majithia is the brother-in-law of SAD president Sukhbir Singh Badal and brother of former Union minister Harsimrat Kaur Badal. (Image: News18)

Majithia is the brother-in-law of SAD president Sukhbir Singh Badal and brother of former Union minister Harsimrat Kaur Badal. (Image: News18)

As quickly as a bench of Justices Surya Kant and J Ok Maheshwari took up the attraction of the Punjab authorities, Justice Kant stated he was a part of the excessive courtroom bench which had directed the establishing of a particular process power to probe the case.

Supreme Court choose Justice Surya Kant on Monday recused himself from listening to an attraction filed by the Punjab authorities in opposition to the excessive courtroom order granting bail to former minister and Shiromani Akali Dal (SAD) chief Bikram Singh Majithia in a drug case.

As quickly as a bench of Justices Surya Kant and J Ok Maheshwari took up the attraction of the Punjab authorities, Justice Kant stated he was a part of the excessive courtroom bench which had directed the establishing of a particular process power to probe the case.

“Let the matter be listed earlier than a bench through which considered one of us (Justice Surya Kant) shouldn’t be a member,” the top court ordered.

Senior advocate Shyam Divan appeared for the Punjab government, which had challenged the order of the Punjab and Haryana High Court dated August 10, 2022.

On August 10, 2022, Majithia had walked out of the Patiala jail after the high court had granted him bail, saying that there were “reasonable grounds” to imagine that he’s not responsible.

It had, nonetheless, stated the statement is just for the aim of adjudicating his bail software and the trial courtroom ought to proceed independently of the observations made by it.

Majithia was launched after spending greater than 5 months within the Patiala jail within the drug case.

The Akali chief got here out of the jail round 6.30 pm on August 10 final yr and numerous celebration leaders and employees assembled outdoors the jail to welcome him and showered petals over his car.

Majithia is the brother-in-law of SAD president Sukhbir Singh Badal and brother of former Union minister Harsimrat Kaur Badal.

He had been lodged within the Patiala jail since February 24 final yr.

The excessive courtroom had stated, “We are glad that affordable grounds exist to imagine that petitioner shouldn’t be responsible of the offences alleged in opposition to him within the FIR and he’s not seemingly to commit such offences whereas on bail.” It had said it would take time for the trial against him to start and culminate.

“So no fruitful purpose is going to be served even if the petitioner is kept in judicial custody for a further indefinite period,” it had stated.

The excessive courtroom had requested Majithia to furnish a private and surety bond of Rs 2 lakh every and in addition deposit his passport with the investigating company involved.

It had stated that Majithia shall journey overseas solely with go away of this courtroom and shall not tamper with the prosecution proof.

Majithia was booked on the idea of a 2018 report of the anti-drug particular process power (STF) right into a drug racket within the state.

The STF report was based mostly on confessional statements given to the Enforcement Directorate by some accused, together with Jagjit Singh Chahal, Jagdish Singh Bhola and Maninder Singh Aulakh.

Earlier, the apex courtroom had directed the Punjab Police not to arrest the previous Punjab minister until February 23 final yr within the medicine case so he may undertake electioneering within the state.

The courtroom had, nonetheless, directed Majithia to give up earlier than the trial courtroom after the Punjab Assembly polls on February 20 final yr.

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(This story has not been edited by News18 employees and is revealed from a syndicated information company feed)

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