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Tuesday, January 25, 2022

Five grounds on which Majithia is seeking bail

The bail application says the Congress-led government has left no stone unturned to misuse its powers and position for wreaking vengeance upon its political opponents.

Written by Jagpreet Singh Sandhu | Chandigarh |
December 24, 2021 8:05:22 am
Drug case: Punjab and Haryana HC sends Majithia probe report to state govt, EDFormer Punjab Minister Bikram Singh Majithia filed an anticipatory bail application in the Mohali sessions court on Thursday. (File)

Two days after being booked under three sections of the NDPS Act, Akali leader Bikram Singh Majithia filed an anticipatory bail application in the Mohali sessions court on Thursday. His battery of lawyers— Arshdeep Singh Cheema, DS Sobti, Somnath Tayal, and HS Dhanoa—have argued for bail on five major grounds.

The case is politically motivated
The bail application says the Congress-led government has left no stone unturned to misuse its powers and position for wreaking vengeance upon its political opponents. “To target the petitioner (Bikram Singh Majithia) is one of the major election planks of the current government. The present DGP Punjab has a long-standing personal animosity with the leadership of the Shiromani Akali Dal and has been appointed, as is well known, to please the Punjab State Congress President Navjot Singh Sidhu, the arch political rival of the petitioner. And the current DGP has been appointed only to act as a tool to advance the political interests of the present government,” said the application.

STF report which is basis of the FIR is a patently illegal act
The petitioner argues that the FIR carries no fresh evidence or statement or any recoveries effected which suggest his involvement in a fresh FIR in matters which have been tried and concluded long ago. “No evidence against the petitioner appears to have come to surface during re-investigation by the Supervisory SIT. The FIR is only on the legal advice of the current Advocate General, Punjab, DS Patwalia and the Status-cum-Opinion Report filed by the Head, STF Harpreet Singh Sidhu,” says the petition.

No direct reference of petitioner by any accused in drugs case
The application states that in all the cases registered under the NDPS Act, trials have concluded with the acquittal of some accused and conviction of others. None of the accused made any reference to the petitioner in their statements under Section 313 Cr.P.C. or in the defence except for Maninder Singh Aulakh who took a defence that he was falsely implicated due to animosity with the petitioner. “All the three persons who are alleged to have made the statements before the Enforcement Directorate specifically filed different petitions questioning the fairness and quality of investigation in the respective cases against them. They leveled serious allegations of political interference. The so-called allegations were well within the knowledge and scope of the investigating agency and have been duly investigated/re-investigated long time back,” states the petition.

Punjab Police officers coerced to implicate Majithia
The government has changed three DGPs over the span of three months. The Bureau of Investigation has also seen three departmental heads/Directors. The petition claimed that police officers have been forced and coerced to falsely implicate the petitioner or face transfers, charge-sheets and dire consequences. “Officers have also been induced with promotions and plum postings if they toe the line of the government. the Director Bureau of Investigation had given its firm opinion while refusing to register the FIR, the file was sent to the Senior Superintendent of Police.”

Report of the head STF superseded by high-powered committee report
The petition argues that in the present case the STF chief who had all the powers to investigate suo-moto all the matters relating to drug smuggling did not investigate the case as he was aware that there was no tangible material available against the Applicant/Petitioner.

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