Supreme Court Dismisses Punjab Govt's Plea Against Bail Of Akali Leader Bikram Singh Majithia In NDPS Case

The Supreme Court today(April 25) dismissed the petition filed by the State of Punjab challenging the bail granted to Shiromani Akali Dal leader Bikram Singh Majithia in a drug case. 

A bench comprising Justice JK Maheshwari and Justice Aravind Kumar, while refusing to interfere with the regular bail granted by the Punjab and Haryana High Court, directed that neither the Special Investigation Team nor Majithia should make any statements related to the investigation to the media.

Previously, on March 4, the Court had passed an interim order directing Majithia to appear before the Punjab Police on March 17.

The Court was hearing an appeal filed by the Punjab Police against the Punjab and Haryana High Court order dated August 10, 2022. Today, the Counsel for Punjab alleged that Majithia was trying to influence the prosecution witnesses and was continuously holding press conferences against the investigation.

Counsel said: "Please see the conduct over the year...Here is a scenario where the gentleman comes repeatedly on video, makes statements pointing out to each member of the SIT. Pointing out that this person is amicable to me or that this person is trying to fix me. One can do that in the course of pleadings before the Court. Nobody is disentitled to present their point of view in a scenario where a legal assessment of that material will take place. But when you do that in the public domain and go across making reckless allegations against SIT members, then you say, the SIT members are acting as puppets of the Government and that you will not be spared- all this material which exists today put up by him."

Justice Maheshwari asked the Punjab Government to specify the incidents in which Majithia allegedly attempted to influence witnesses, and what actions had been taken in response.

In reply, the counsel submitted that the most egregious instance was when the investigating agency had applied for search warrants before the Magistrate to conduct searches at 56 locations. Although the request was duly granted, before the searches could be carried out, Majithia went on social media the previous night and disclosed that the government was planning search operations.

"He has free flow of information... Three parts to this- he has the ability to know every single step before the investigation happens...55 different positions, everybody connected with him or the associates, wherever I want to do search, he is now forewarned that there is search coming and therefore, every element of surprise goes away. Everything is over. This is not just the issue of him knowing or keeping him quiet or putting his affairs in order, the entire investigation is set back because the entire element of surprise goes," the State's counsel said.

Justice Maheshwari asked if the Court can restrict Majithia through its order from going on social media and saying anything about the investigation. But the moment the Court proposed this, Senior Advocate Dr. S. Muralidhar, appearing for Majithia, also accused the investigation officers of regularly holding press conferences and themselves inviting media and revealing to them about the ongoing investigation.

"I have said that in the affidavit that I am not inviting the press people at all. They are holding press conferences after every date of interrogation," Dr. Muralidhar said. He completely denied all allegations made by the State of Punjab and added that both sides should not go on social media to reveal anything about the investigation.

Justice Maheshwari also questioned why the officers are holding press conferences. "Are you holding press conference? Are officers required to hold press conference? No need. We will observe this", he questioned.

The Court passed an order: "This SLP arises out of an order granting bail...During the pendency of this case and as per the orders passed in the proceedings, the Respondent has participated in the process of further investigation. In view of the said fact and that liberty was granted by the High Court on 10.8.22... therefore at present we are not inclined to interfere with the order. Accordingly, the present SLP stands dismissed. In the said circumstances of this case, it is suffice to observe that neither side shall come forward on the issue of investigation or court proceedings to make any statement in the media. We make it clear that the Respondent shall file an affidavit in this regard with the Registry within one week. It is further to observe that the respondent shall not influence any of the prosecution witnesses or trial proceedings. In case of default, the prosecution has the liberty to take recourses. In case the prosecution office is coming foward to make any statement, it has to seek prior permission from this Court."

Case Details: THE STATE OF PUNJAB v. BIKRAM SINGH MAJITHIA|SLP(Crl) No. 3650/2023