India Supreme Court dismisses Punjab appeal against opposition leader bail in narcotics smuggling case News
© JURIST (Neelabh Bist)
India Supreme Court dismisses Punjab appeal against opposition leader bail in narcotics smuggling case

The Indian Supreme Court rejected Wednesday an appeal filed by the Punjab state government challenging the bail given to Sukhpal Singh Khaira, the leader of the Indian National Congress, the country’s second-largest opposition party. Khaira had been granted bail by the Punjab and Haryana High Court on January 4 in a criminal case related to charges of narcotics smuggling.

The court decided not to interfere with the High Court order, which granted Khaira bail. Responding to the government’s lawyer, the court remarked, “There can be no doubt that allegations are very serious but in the facts and circumstances we are not inclined.” Consequently, the court rejected the special leave petition from the Punjab state government. A special leave petition (SLP) is a discretionary remedy provided by the Supreme Court of India, allowing individuals to seek permission to appeal a decision from any court or tribunal in the country. It is not an appeal as of right but may be granted at the discretion of the Supreme Court under Article 136 of the Indian Constitution.

Khaira, accusing the incumbent Chief Minister of Punjab Bhagwant Mann of settling scores with him, added in a post to X (formerly Twitter):

Punjab demands accountability as to why Bhagwant Mann has spent over 5 Crores to engage private expensive lawyers to represent Govt against a small individual like me in Supreme Court & High Court in the NDPS etc cases, while the Govt has an army of over 200 Advocates in AG [Advocate General] Office Punjab?

In the present case, Khaira is accused of smuggling narcotics and other prohibited goods.

Khaira, a Congress MLA from the Bhulath constituency in Punjab state, was earlier granted bail Monday by the local Kapurthala District Court in a criminal intimidation case related to narcotic substances smuggling from 2015. Khaira is facing charges under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS). The act regulates and controls activities related to narcotic drugs and psychotropic substances. It also prescribes penalties for offenses involving illegal trafficking and abuse of these substances.