Punjab Govt Tells SC: No Trial for Cong MLA Sukhpal Khaira in 2015 Drug Case

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The Punjab government officially communicated to the Supreme Court its decision not to proceed with the trial against Congress MLA Sukhpal Khaira in relation to a drug case dating back to 2015.

Punjab: On Wednesday (10th April): The Punjab Government informed the Supreme Court that it will temporarily suspend the trial of Congress MLA Sukhpal Singh Khaira in a 2015 drug haul case. The bench was led by Justices Bela M. Trivedi and Pankaj Mithal.

The Government’s decision was conveyed by senior advocate Siddharth Dave, representing the state. The court subsequently adjourned the matter for four weeks.

Background:

Sukhpal Singh Khaira filed a plea in the Supreme Court challenging the legality of his arrest in the 2015 drugs case, which was deemed lawful by the Punjab and Haryana High Court in its January 4 order. Khaira, who was granted bail by the high court on January 4 in the Narcotic Drugs and Psychotropic Substances (NDPS) Act and Arms Act case from 2015, was arrested again on charges of alleged criminal intimidation.

During the hearing, Dave requested time to respond to Khaira’s petition, a request that was granted by the bench. However, senior advocate PS Patwalia and advocate Nikhil Jain, appearing for Khaira, opposed the request for additional time and urged the court to stay the proceedings before the trial court in the drugs case until the next date of hearing.

Patwalia highlighted that despite the issuance of a notice, the State Government had not yet filed its response to Khaira’s plea. He further informed the court that the chargesheet in the drugs haul case was filed by the state police on January 20, and the trial proceedings were underway.

In response to the arguments presented, the bench suggested that either the state government should declare that it will not proceed with the case temporarily or the High court should order a stay on the trial proceedings. Subsequently, Dave, acting on the Government’s instructions, made a statement assuring that the state would not proceed with the trial against Khaira until the next date of hearing in the apex court.

Sukhpal Singh Khaira, a Congress leader, approached the High Court to challenge his arrest in the 2015 case, alleging that it was a result of ” a political vendetta” initiated by the Aam Aadmi Party (AAP) Government in the state. On January 15, a local court in Kapurthala district of Punjab granted bail to Khaira in the criminal intimidation case.

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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