HC dismisses BJP leader’s plea for advance notice before arrest

The Punjab and Haryana High Court has dismissed two petitions filed by BJP leader Ranjit Singh Gill, who had sought advance notice in case he was “nominated” as an accused and the State decide to arrest him in corruption and NDPS cases. Directions were also sought for quashing of notice issued to him by the investigating agency.

In an affidavit placed on record, the Senior Superintendent of Police-cum-Chairman, SIT, on the other hand alleged that Gill was a close associate of main accused Bikram Singh Majithia and that a significant amount of Majithia’s illicit funds were invested in Gillco Company owned by Gill.

Gill had prayed for a direction that he be given at least two weeks’ advance notice to avail legal remedies in case he was nominated as an accused and the State decided to arrest him either in FIR dated June 25 under the Prevention of Corruption Act registered at Vigilance Bureau police station in Mohali, or in another FIR dated December 22, 2021, under the NDPS Act registered at State Crime police station.

The second petition was filed by Gill and another petitioner seeking the quashing of notices dated August 4 in FIR of 2021. Among other things, his counsel termed it as illegal and an abuse of process of law.

Dismissing both pleas, Justice Tribhuvan Dahiya held that directing the respondents to serve seven days’ prior notice before arrest “would amount to giving them a blanket protection from arrest without even examining the material, if any, gathered/to be gathered by the investigators against them and it being determined whether their interrogation in custody was needed.” The court observed that in case of nomination as accused or apprehension of arrest, the petitioners had the remedy in law to seek pre-arrest bail from the competent court.

“As per the affidavit dated August 11, filed by the Senior Superintendent of Police-cum-Chairman, SIT, it has been mentioned that petitioner is a close associate of the main accused, Bikram Singh Majithia, in FIR no.02, dated December 22, 2021, and that a significant amount of his illicit funds were invested in Gillco company owned by the petitioner,” Justice Dahiya observed

Gill, who had resigned from the Shiromani Akali Dal in July and joined the BJP on August 1, alleged in his plea that the subsequent search and notices were politically motivated.