Supreme Court Adjourns SAD Leader Bikram Singh Majithia Plea Against Quashing Of FIRs To April 11, 2022

The Supreme Court on Monday adjourned the writ petition preferred by SAD Leader Bikram Singh Majithia against quashing of FIRs registered against him in NDPS Case for April 11, 2022.

The matter was listed before the bench of Justices DY Chandrachud and Surya Kant.

What Transpired In Supreme Court Today?

At the outset, when the matter was called for hearing, Justice Kant while referring to some of the orders of the Punjab and Haryana High Court which the petitioner had relied on offered to recuse since the same were passed by the bench of which he was a part.

"There's a detailed reference to the petition pending in the High Court, detailed reference to the pleadings and then that the DGP passed the order for registration of FIR against him and there are some High Court orders too. Those orders were passed by my bench. I should clarify that if you have slightest of, I'd like to recuse. Those orders have some impact," remarked Justice Kant.

"That's alright. When your lordships are sitting, I know with what mindset your lordships deal with the matter. We have no problem," submitted Senior Advocate Kapil Sibal appearing for the leader. He further submitted that the Enforcement Directorate had taken 3 statements from the accused.

Explaining the legal issue involved in the case, Senior Counsel contended that, "There is a predicate offense relating to these accused. In that 2 of them have been convicted. There are 3 statements to the ED. For the offenses qua the ED, all the complaints have been filed. That investigation is over. Now you take the Statement u/s 50 and then start using it for the predicate offense and without any fresh material. Under section 50, it's non est. if there is an investigation no statement can be recorded. This is an investigation and such statements could not be recorded."

Justice DY Chandrachud at this juncture proposed to hear the matter after lunch but since Senior Counsel had to be in some other court, the bench accordingly adjourned the matter for Monday i.e. April 11, 2022.

Background