Drug smuggling case: Sukhpal Singh Khaira’s two pleas up for hearing today, one in HC, another in SC

Sources said Leader of Opposition Sukhpal Singh Khaira will be seeking an interim stay on the trial court proceedings during the pendency of his SLP before the Supreme Court

Written by Sofi Ahsan | Chandigarh | Updated: December 1, 2017 9:37 am
khaira drug case, sukhpal singh khaira, cbi probe, khaira drugs, drug smuggling case 2015, punjab haryana hc, supreme court, indian express Sources said Leader of Opposition Sukhpal Singh Khaira will be seeking an interim stay on the trial court proceedings during the pendency of his SLP before the Supreme Court (Express photo by Jaipal Singh/Files)

Punjab’s leader of Opposition Sukhpal Singh Khaira’s two litigations, one seeking reopening of his plea for CBI probe into the 2015 drugs smuggling case, and another against the Punjab and Haryana High Court judgment dismissing his petition for quashing of the trial court summons against him in the case, are listed for hearing before the High Court and Supreme Court, respectively, on Friday.

In the High Court, the application for revival of the 2015 petition seeking CBI probe into the FIR filed the same year, in which now he has been summoned by the trial court as an accused, will come up for hearing before the bench of Justice M M S Bedi. The plea had been withdrawn earlier after the Punjab government’s counsel said “there is no cause of action for the petitioner (Khaira) to maintain and continue with this petition as the petitioner is not an accused in this case and the trial is already going on in which two witnesses have already been examined.”

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While dismissing his revision plea against the summons issued against him by the trial court, the High Court, in a judgment pronounced on November 17, had said, “Sukhpal Singh Khaira himself had filed CWP-8999-2015 asking for investigation by the Central Bureau of Investigation but, then, he withdrew the said petition. Had he been really serious about the malice in fact, he would not have withdrawn the said petition. Merely because he was not the accused in FIR No.35, the said petition was for investigation by the Central Bureau of Investigation and, therefore, this fact that his name was not in the FIR was not germane when he was sure about the mala fide action against him. It is not possible for this Court to accept the submission in that behalf.”

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Khaira has filed the plea for revival of his earlier petition only days after the latest judgment from the High Court. Pertinently, in the judgment, the High Court had noted that the documents “filed along with the (2015) writ petition are admissible or not is a matter of proof before the trial Court and certainly the petitioners are entitled to object to the admissibility of the documents for want of legal proof in the trial. To say that Exhibit DX or the certified copy of the writ petition could not be looked into by the trial Court would be to prohibit the prosecution from effectively participating in the trial. That would not serve the interest of justice.”

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Meanwhile, Khaira’s plea against the November 17 judgment is listed for hearing on Friday before the two-judge bench of Justice N V Ramana and Justice S Abdul Nazeer.

Sources said Khaira will be seeking an interim stay on the trial court proceedings during the pendency of his SLP before the Supreme Court. The trial case’s first hearing, after the culmination of a previous trial in the same FIR, took place on Thursday and was adjourned for Khaira and other accused’s appearance on December 21.

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