Punjab and Haryana HC to hear Akali leader Bikram Singh Majithia’s plea challenging ‘illegal arrest, remand’ in vigilance case tomorrow

In his petition, Majithia has alleged that the FIR is a product of “political witch-hunting and vendetta” aimed at maligning him, adding that he has been a vocal critic and political opponent of the ruling regime.

The petition claims that Majithia was picked up from his Amritsar residence around 9 am on June 25 and kept in custody for over two hours before his formal arrest  at 11.20 am, in violation of his constitutional and statutory rights. Citing video evidence and the remand order issued the next day, the plea contends that this delay amounts to illegal detention and a breach of Article 22(2) of the Constitution and Section 187 of the Bharatiya Nagarik Suraksha Sanhita (formerly Section 167 CrPC).

The petition also challenges the remand order passed by the Judicial Magistrate on June 26, calling it “manifestly perverse and non-speaking.” It alleges that the Magistrate failed to comply with mandatory requirements laid out in the Punjab and Haryana High Court Rules and Orders, particularly Volume III, Chapter 11-B, which mandate judicial satisfaction, scrutiny of the case diary, and clear reasons for granting police custody.

Majithia’s lawyers argue that there is no indication in the order that the Magistrate applied his mind or considered a previous Supreme Court order dated March 4, 2025. In that order, the apex court had denied the Punjab government’s request for custodial interrogation and had instead directed Majithia to cooperate with the Special Investigation Team, which, according to the petition, he fully complied with.

Despite this, the state sought a fresh remand by allegedly concealing facts and misrepresenting urgency before the magistrate. The petition argues that the remand was intended to extract a confession in violation of Article 20(3) of the Constitution.

Calling the arrest and remand a “gross violation” of Articles 14, 20, and 21 of the Constitution, the petition raises broader legal questions around the alleged misuse of criminal procedure, abuse of remand powers, and the right to liberty and fair investigation.

Majithia is seeking quashing of the remand order and appropriate directions to prevent what he terms further abuse of process. The petition has been filed through advocates Sartej Singh Narula, Damanbir Singh Sobti, Arshdeep Singh Cheema, Arshdeep Singh Kler, and Sultan Singh Sangha.