Judge recuses from hearing, matter deferred till March 24

CHANDIGARH: The Punjab and Haryana high court on Tuesday deferred the hearing on a suo motu plea on Punjab drug menace post assembly polls for March 24.

The matter was taken up by the bench of justice AG Masih and justice Pankaj Jain. As justice Jain decided to recuse, the hearing was deferred. The bench was re-constituted in view of change in the roster system. Earlier, the PIL was being heard by the bench of justice justice AG Masih and justice Sandeep Moudgil.

According to lawyers, the court was to take up the issue whether sealed cover reports about the involvement of politicians and the role of police officers are to be opened or not. These reports are lying in a sealed cover since mid-2018.

The court was also to take up a fresh application filed by advocate Navkiran Singh in which he is demanding that the Punjab government should be asked to act upon three reports submitted by DGP Siddharth Chattopadhyaya submitted on February 1, 2018, March 15, 2018 and May 8, 2018. The reports, Navkiran Singh said, contain outcome of inquiry conducted by an SIT led by him against the erring officials who are allegedly acting in “connivance with” drug traffickers.

It was during a hearing on December 6 that Punjab advocate general DS Patwalia told the court that he had advised the government to take action in drugs cases as there was no embargo from the court to proceed further on the sealed cover reports. The bench, too, had orally observed that there was no restraint order on taking action on these reports.

After December 6, the matter was taken up on December 11 but hearing had to be deferred as junior judge on the bench justice Sandeep Moudgil was not holding the court that day. It was then posted for hearing on January 11. However, in view of the rise in Covid cases, the hearing was again deferred till February 1.

Taking note of a report filed by the Special Task Force (STF) led by Harpreet Singh Sidhu in 2018 on the role of SAD leader and MLA Bikram Singh

Majithia, the Punjab government registered a criminal case against him on December 20 in Mohali.

The move resulted in controversy with Majithia claiming that government could not have acted on a report which was lying sealed before the high court. Majithia has now secured bail in the case from the Supreme Court.

Since the Covid outbreak in March 2020, the suo motu case was being adjourned from time to time as the court work remained suspended.

In August, the high court had advanced the hearing by a month, acting on a plea from lawyer Navkiran Singh, who had demanded opening of sealed cover reports and directions to the state to take action.