The Punjab and Haryana High Court on Monday issued notices to the Punjab government, state police chief and senior superintendent of police Fazilka seeking their response to a petition filed by Congress leader Sukhpal singh Khaira to call to the records of FIR registered in 2015 relating to an Arms Act and NDPS case filed against him. Khaira, in his plea, also sought to quash the order of a Fazilka court that had taken him into police custody following his arrest on September 28.
Hearing the plea, a bench of Justice Anoop Chitkara directed the “State to submit a reply/status report with an advance copy thereof to the petitioner’s counsel.” The court posted the matter for October 10 (Tuesday).
Earlier on October 5, the matter had come up for hearing before a bench of Justice Vikas Bahl, who recused himself from hearing the case and ordered the same to be presented before another court after seeking orders from the Chief Justice.
In his petition, the Congress MLA from Bholath claimed that he was in custody under “illegal arrest and evidently routine and mechanical remand order” in the FIR registered in March 2015.
Khaira has claimed that he had led a life of dignity and honor and had provided public services throughout his life, but was being subjected to serious persecution and harassment for blatantly indirect, politically motivated, mala fide, bizarre and vexatious considerations. He also claimed that he was never accused or suspected in the FIR in which the trial concluded in October 2017.
He has maintained that “malicious attempts were made to call certain witnesses to implicate him in some way,” but the court initially dispelled those attempts when the application was dismissed. But later, in another lawsuit, the witnesses were called again and the only allegation against the petitioner was based on the call records.
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He added that he was summoned as an additional defendant on the day the trial concluded. The Supreme Court chose to annul the order, grant absolute silence and close the entire procedure against him. “The Supreme Court did not grant permission or freedom to the state of Punjab to carry out further investigations, as far as it was concerned. No application was made for revocation or review of the order,” Khaira maintained, adding that it was very clear that “the law of the jungle prevailed in Punjab, making the rule of law a fluke.”
“It is a classic case of not only abuse and perversion of power and authority but also lack of respect for the orders/guidelines passed/issued by the Supreme Court,” the petition reads.
The Congress MLA also stated that the role of Fazilka’s special court was a matter of grave concern. “It was not discernible how, why and under what circumstances the court could issue directions for further investigation in respect of the petitioner and also for filing a chargesheet once the Supreme Court had quashed the proceedings initiated against Khaira,” the report said. said the plea.