SC rejects Punjab's appeal, SAD leader Majithia to remain on bail in drugs case
New Delhi, In a setback to the Punjab government, the Supreme Court on Friday dismissed its appeal challenging the bail granted to Shiromani Akali Dal leader Bikram Singh Majithia in a drugs case by the Punjab and Haryana High Court.
A bench comprising justices J K Maheswari and Aravind Kumar said it will not entertain the Punjab government's plea against the bail granted by the high court on August 10, 2022.
"The respondent was participating in the process of further investigation. In view of the said facts and also taking note that the liberty was granted on August 10, 2022, more than two-and-a-half years ago, at present we are not inclined to interfere with the order impugned. Accordingly, the SLP stands dismissed," the bench said in its order.
"Neither side shall come forward on the issue of investigation or court proceedings to make any statement in the media," it added.
The bench asked Majithia, the brother-in-law of SAD president Sukhbir Singh Badal, to file an affidavit within a week, undertaking that he will not make any statement to the media about the case.
"The respondent shall not influence any of the prosecution witnesses or the trial proceedings. In case of default, the prosecution is at liberty to take recourse," the bench said.
The top court granted the anti-drug Special Task Force the liberty to seek cancellation of Majithia's bail if he attempts to influence witnesses or the trial in the drugs case.
The bench also asked the STF to seek its prior approval before making any public statement on the case.
Majithia walked out of the Patiala jail on bail on August 10, 2022, with the Punjab and Haryana High Court saying there were "reasonable grounds" to believe that he was not guilty.
The SAD leader was booked on the basis of a 2018 report of the STF on a drug racket in the state.
The STF report was based on confessional statements given to the Enforcement Directorate by some accused, including Jagjit Singh Chahal, Jagdish Singh Bhola and Maninder Singh Aulakh.
While granting bail, the high court had said the observation was only for the purpose of adjudicating his bail application and the trial court should proceed independently of the observations made by it.
The high court said, "We are satisfied that reasonable grounds exist to believe that the petitioner is not guilty of the offences alleged against him in the FIR and he is not likely to commit such offences while on bail."
Noting that it will take time for the trial against Majithia to begin and culminate, the high court said, "So, no fruitful purpose is going to be served even if the petitioner is kept in judicial custody for a further indefinite period."
Majithia was released after spending more than five months in the Patiala jail.
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