Congress MLA Sukhpal Khaira moves High Court, says law of jungle prevailing in Punjab

Saurabh Malik

Chandigarh, October 5

Punjab Congress leader and Bholath MLA Sukhpal Singh Khaira today moved the Punjab and Haryana High Court claiming that he was presently in police custody pursuant to “illegal arrest and patently routine and mechanical remand order” in an FIR registered in March 2015. The case was registered under the provisions of the Narcotic Drugs and Psychotropic Substances Act, besides the Arms Act and the Information Technology Act.

In his petition, Khaira submitted that he had led a life of dignity and honour and had rendered public service for his entire life, but was being subjected to gross persecution and harassment for blatantly oblique, politically motivated, malafide, extraneous and vexatious consideration.

Khaira submitted he was never an accused or a suspect in the FIR in which the trial concluded in October 2017. As per petition, malicious attempts were made to recall certain witnesses to somehow implicate him, but the same was initially dispelled by the court when the application was disallowed. But subsequently on another application the witnesses were recalled “wherein the only acquisition against the petitioner was based on call record, etc”.

It was added that the petitioner was summoned as an additional accused after the conclusion of trial on the same day. The apex court chose to set aside the order, accord a complete quietus and closure of the entire proceedings with regard to him.

No leave and liberty was granted by the Supreme Court to the state of Punjab to carry out further inquiry/ investigation as far as he was concerned. Application was not filed for the recall or review of the order. Khaira added it was abundantly clear that law of jungle was prevailing in the State of Punjab rendering the rule of law to be a casualty. “It is a classic case not only of abuse and perversion of power and authority, but also of showing scant regard to the orders/directions passed/ issued by the Supreme Court”.

Khaira also added the role of Fazilka special court was also a matter of grave concern. It was not discernible as to how, why and under what circumstances the court could issue any direction for further inquiry/investigation with regard to the petitioner and also to file a charge sheet once the apex court had nullified the proceedings initiated against him. Such an approach adopted by the court of law was deplorable and called for immediate interference by the High Court, he submitted.

The matter came up for hearing before Justice Vikas Bahl today but was directed to be placed before some other Bench after seeking orders from the Chief Justice. Justice Bahl observed as an advocate he had appeared in a matter where Khaira was a respondent.