The Supreme Court on Monday protected Shiromani Akali Dal (SAD) leader Bikram Singh Majithia from arrest in a drugs case till February 23 even as the Congress government in Punjab said the case was not motivated by political vendetta and the State was sinking under the weight of a narcotic trade, which was leading the youth on the path to damnation.
The court's protection would allow Mr. Majithia to participate in the Assembly elections on February 20.
A Bench led by Chief Justice of India (CJI) N.V. Ramana ordered Mr. Majithia to surrender before the trial court on February 23 and seek regular bail. The apex court said the trial court should consider Mr. Majithia's request for bail expeditiously.
The court urged senior advocate P. Chidambaram, for Punjab, to advice the State government to not use criminal action to serve political motives. The CJI, in this context, referred to the case of another Punjab politician who has approached the top court against non-bailable warrants on him.
"Sorry to mention these things, but we are in a democracy... Let them at least file their nominations for the election," the Bench addressed the government side.
However, the court did appreciate efforts made to crush the drugs mafia in the State.
‘Humiliation bid’
Senior advocate Mukul Rohatgi, for Mr. Majithia, said the case foisted against his client was an effort to politically humiliate a mainstream Opposition leader. "He has never dealt in drugs or anything... The allegations are completely bogus. This is a case of political vendetta. A man having a clean record is being humiliated," he argued for anticipatory bail.
Mr. Chidambaram countered that this was a “gross case of an international drug racket”. Investigation in it was delayed because Mr. Majithia was in power. “Now, finally the investigation is moving,” he submitted.
"The fact is Punjab is sinking under the drug trade. Unless we send a strong message against political patronage of the drugs racket, the future of Punjab's youth is damned," Mr. Chidambaram stated.
He said the Punjab Police did not intend to send Mr. Majithia "down a black hole... All the police wants is custodial interrogation".
"I am aware political vendetta is unleashed on opponents... But this case has a long history of being monitored by the Supreme Court itself... This is not a political action," he observed.
Mr. Majithia was booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act on December 20 last on the basis of a 2018 report of a probe into a drugs racket operating in the State. He 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.
