High Court serves notice to Punjab Government in Khaira's arrest challenge

Congress MLA Sukhpal Singh Khaira, who was arrested by Punjab police on September 28 in connection with a 2015 drugs case, has filed a plea challenging his arrest in the Punjab and Haryana High Court. The plea raises questions about the 2015 FIR and the circumstances that led the Fazilka court to continue investigating him and order the presentation of a challan in a case that was supposedly closed by the apex court in February 2023.

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The FIR in question was filed back in March 2015, and during an SIT (Special Investigation Team) probe, Khaira's name reportedly came up while questioning some other accused individuals. In October 2017, nine individuals were convicted and arrested by the police in connection with the case. Simultaneously, the trial court summoned Khaira as an additional accused for November 30, 2017. However, in February 2023, the Supreme Court quashed this summoning order.

Khaira's contnetion

Khaira contends that his arrest by the police is unlawful and unconstitutional. He seeks the quashing of the Fazilka court's order that placed him under police remand.

Furthermore, the plea requests that the trial court's order from April 13, 2023, be declared void as it allegedly violates the apex court's order. On April 13, the Fazilka court had ordered the release of Khaira's passport, which had been seized in connection with the 2015 case. Still, it stated that this was done without prejudice to the state's right to conduct further investigations into his involvement in the drug smuggling case.

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The Punjab government is expected to respond to these allegations by Tuesday.