AAP’s Plea Dismissed by Supreme Court, Punjab Congress MLA’s Bail Remains Intact

Background

Punjab Congress MLA Sukhpal Singh Khaira was arrested in September 2021 in connection with an eight-year-old case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and the Arms Act. He was accused of being associated with an international drug smuggling racket and sheltering one of its leaders, Gurdev Singh. The Supreme Court had quashed the summoning order against Khaira in February 2023, but he was arrested again in a fresh case of threatening a witness.

High Court’s Order

On January 4, 2024, the Punjab and Haryana High Court granted bail to Khaira in the NDPS case, observing that there was no prima facie evidence to show his involvement in the drug trade. The high court also noted that Khaira had been in custody for more than four months and that the trial was likely to take a long time. However, before he could be released from prison, the Punjab Police arrested him in the new case of criminal intimidation.

Supreme Court’s Verdict

The Aam Aadmi Party (AAP), which is the main opposition party in Punjab, challenged the high court’s order in the Supreme Court, seeking cancellation of Khaira’s bail. The AAP argued that Khaira was a habitual offender and that he had tried to influence the witnesses and tamper with the evidence. The AAP also claimed that Khaira had received financial benefits from the drug traffickers and that he was a threat to the society.

However, the Supreme Court dismissed the AAP’s plea on January 18, 2024, saying that it was not inclined to interfere with the high court’s order. A bench of Justices Bela M Trivedi and KV Viswanathan said that though the allegations against Khaira were serious, but in the facts and circumstances of the case, it would not interfere with the high court order. The bench also told the senior advocate representing the Punjab government that it was open for them to seek cancellation of Khaira’s bail in the lower court if they had any fresh material against him.

Political Reactions

The Congress party welcomed the Supreme Court’s verdict and accused the AAP of indulging in vindictive politics. The Congress said that Khaira was a victim of political vendetta and that he had been falsely implicated in the drugs case. The Congress also said that Khaira was a vocal critic of the AAP government and that he had exposed their failures on various issues.

The AAP, on the other hand, expressed disappointment over the Supreme Court’s decision and said that it would continue to fight against the drug menace in Punjab. The AAP said that Khaira was a symbol of corruption and criminality and that he had no moral right to remain as an MLA. The AAP also said that it had a zero-tolerance policy against drugs and that it would not spare anyone involved in the drug trade.