Summons in drug case: Punjab and Haryana HC reserves judgment on Sukhpal Khaira’s plea

He has been summoned in the trial case on the statements made by three witnesses, all of who are police officials. Rai told the bench that there was nothing against Khaira in the trial till the application was moved by the Additional Public Prosecutor for his summoning among others and the depositions of witnesses, on whose statements he has been summoned, is not “legally admissible evidence” in the court.

He told the High Court that the telephone records mentioned by one of the witnesses are not admissible as they are in contravention of law and are without any authentication, which is a necessary requirement as per the Supreme Court judgment on Section 65-B of the Indian Evidence Act. He added the SIT investigating the matter had also given no report against him in the case.

A letter dated November 6 from the police to the revenue department officials was also presented before the bench in which, according to Rai, they have been asked to prepare a list of Khaira’s properties.

The state, in its defence, said the lower court was satisfied with the “prima facie evidence” submitted by the prosecution with the application under Section 319 of the CrPC for summoning Khaira and others as accused and placed on record some documents related to the case. Khaira in his plea before the High Court has said the summoning order issued to him is a “classical instance of political vendetta” to rope him in the case as an accused to “tarnish his reputation and public perception.”

“Such a candid and fearless approach of the petitioner has wretched the wrong policies of the Government of the State of Punjab and with a view to harass him, the police officers have been recalled at a belated stage and compelled to depose against him, who had earlier not testified against the petitioner,” the Aam Aadmi Party leader has said in the plea.