Supreme Court judge Justice Surya Kant on Monday recused himself from the bail matter of Bikram Singh Majithia. The appeal was filed by the Punjab Government against the order of the high court granting regular bail to Shiromani Akali Dal (SAD) leader Bikram Singh Majithia in connection with a drug case.
The matter was listed before the bench of Justice Surya Kant and Justice J.K. Maheshwari.
When Senior Advocate Shyam Divan, representing the Punjab government, began his submissions, Justice Surya Kant, who was presiding over the bench stated that he had led the High Court bench that directed the Special Task Force to investigate the case.
The bench then ordered that the case be heard by a different bench, one that did not include Justice Kant.
It is to be noted that the Punjab and Haryana High Court had granted bail to the former minister and senior leader of the Shiromani Akali Dal in the drugs case filed against him.
Last year, a division bench of the High Court comprised of Justice M.S. Ramachandra and Justice Sureshwar Thakur granted Majithia’s bail application.
The SAD leader had argued before the High Court that the cases filed against him under the Narcotic Drugs and Psychotropic Substances Act (NDPS) were entirely political in nature and were tainted by political and ulterior motives.
It was further asserted that Majithia had no criminal record and is a mainstream politician and he had also undertaken to join the investigation, fully cooperate with the investigating agency and abide by any conditions which may be imposed by the Court.
Last year, a bench comprised of Justice DY Chandrachud, Justice Surya Kant, and Justice P.S. Narasimha granted the SAD Leader the right to petition the Division Bench of the Punjab and Haryana High Court for the quashing of the FIR registered against him in the NDPS case and the grant of bail.
