Sukhpal Singh Khaira moves high court, says ‘law of jungle’ prevailing in Punjab

Chandigarh, October 5

Punjab 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 he was never an accused or a suspect in the FIR in which the trial concluded in October 2017. Malicious attempts were made to recall certain witnesses to somehow implicate him, but it was initially dispelled by the court when the application was disallowed. Subsequently, on another application, the witnesses were recalled.

It was added that the petitioner was summoned as an additional accused after the conclusion of the 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 passed by the SC.”

Khaira also added the role of the 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 chagesheet once the apex court had nullified the proceedings initiated against him, 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.

Police file revision plea, oppose MLA’s judicial custody

• The police have filed a revision petition in the court of Additional District and Session Judge, Fazilka, against the order passed by the Judicial Magistrate First Class (JMIC), Jalalabad, on September 30, sending Congress leader Sukhpal Singh Khaira into 14-day judicial custody in the 2015 drug smuggling case.
• The court has ordered that the accused/respondent be produced before it on October 6. Sources said the police had claimed in the revision petition that they needed to further interrogate the accused. OC