The Indian Supreme Court recently dismissed an appeal by the Punjab state government which challenged the bail granted to opposition leader Sukhpal Singh Khaira. Khaira, the leader of the Indian National Congress (INC), India’s second-largest opposition party, had been granted bail on January 4 by the Punjab and Haryana High Court in a criminal case related to narcotics smuggling.
After examining the Punjab state’s appeal, the apex court chose not to interfere with High Court’s initial decision. The court stated, “There can be no doubt that allegations are very serious, but in the facts and circumstances, we are not inclined.” This resulted in the rejection of the special leave petition (SLP) from the Punjab state government. An SLP, as provided by the Supreme Court of India under Article 136 of the Indian Constitution, is a discretionary remedy that permits individuals to seek permission to appeal a decision from any court or tribunal in the country.
In response to the decision, Khaira, who alleges the incumbent Chief Minister of Punjab Bhagwant Mann of settling scores with him, posed questions about Mann’s conduct. Khaira pointed out that Mann has spent over 5 Crores to engage private expensive lawyers in order to represent the government against him in these cases while the government already has an army of over 200 Advocates in the Advocate General’s Office in Punjab.
Khaira, a Congress MLA from the Bhulath constituency in Punjab state, has been accused of smuggling narcotics and other prohibited goods. He was previously granted bail by the local Kapurthala District Court in a criminal intimidation case related to narcotic substance smuggling in 2015. Khaira’s charges come under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), which controls and regulates narcotic drugs and psychotropic substances.
News of this development and the court’s detailed decision can be found on JURIST – News.