NEW DELHI: The Supreme Court on Thursday in its order rejected an appeal filed by the Punjab government against the bail granted to Congress MLA Sukhpal Singh Khaira in a 2015 Narcotic Drugs and Psychotropic Substances (NDPS) case.
According to the prosecution, the drug case was registered in 2015 at Jalalabad in Fazilka.
Nine people, including Gurdev Singh, allegedly a close aide of Khaira, were booked in connection with the case.
The order was a big relief for Khaira, who was fighting it since last 8 years in various courts.
The Apex Court refused to interfere to the order of the Punjab and Haryana High Court, which had granted bail to Khaira.
The Top Court's two-judge bench, headed by Justices Bela M Trivedi and also comprising Justice KV Viswanathan, while refusing to stay the bail order, said, "When the high court has already applied its mind, we don’t think it is a fit case for interference by this court."
It is to be noted that Punjab and Haryana High Court had granted bail to Khaira on January 4, in the case registered under the NDPS Act and the Arms Act.
Challenging this order, the Punjab govt moved the SC and sought cancellation of his bail.
While declining to review the high court order of granting bail to Khaira, the SC noted that this is a case registered in 2015. We are now in 2024. The high court has already looked into everything and granted bail.
The Punjab govt, in its appeal filed before the Supreme Court stated that the bail order had completely ignored Section 37 of the NDPS Act. Thereby the SC should revisit the HC order and set aside it.
On the other hand, senior lawyer P S Patwalia, appearing for Khaira, objected that Punjab govt had malice and ulterior motive, against Khaira. He went on to say that cited Khaira even was arrested in another case hours after he was released on bail by the high court in the 2015 case.