Updated: Jul 15, 2022
Drugs PIL i.e. C.W.P. No. 20359 of 2013 was initially initiated on 16.9.2013 on a letter addressed by Mr. Shashi Kant Ex. DGP Jails Punjab, but later on the said PIL has been continued with the efforts of the Mr. Navkiran Singh Advocate, Counsel for intervening Human Rights Organization namely “Lawyers For Human Rights International (hereinafter referred to LFHRI)”, through intervention application dated 10.12.2013 with whose assistance scores of orders were passed from time to time by the Hon’ble Division Benches dealing with the matter from time to time.
(I) In the said PIL, out of many applications, one CM No. 15916 of 2017 dated 2.11.2017 has been filed in which two following prayers were made:-
(i) Application under section 151 C.P.C. on behalf of applicant-intervener “Lawyers for Human Rights International”, with the prayer that this Hon’ble Court may call for a status report from Shri Niranjan Singh, Deputy Director, Enforcement Directorate who is investigating the matters of the drug mafia as to what action he has taken on the basis of statements made by accused “Jagjit Singh Chahal”, “Jagdish Bhola” and “Manjinder Singh Aulakh” in relation to the complicity of Bikramjit Singh Majithia with the drug mafia as per their confessional statements made before E.D.
ii) Also to issue directions to the state of Punjab to collect the confessional statements of the said accused and refer those to Sh. Harpreet Singh Sidhu IPS ADGP Punjab, heading the Special Task Force formed by present Govt of Punjab to consider all the confessional statements and to investigate the allegations / Role of Bikramjit Singh Majithia and to direct ADGP Mr. Sidhu to file a status report before this Hon’ble Court.
(II) That after the filing of the above-said application, w.r.t to this above-said issue of prosecution of drug mafia members, vide Order dated 28.11.2017, STF (Special Task Force) which has been headed by Sh. Harpreet Singh Sidhu IPS ADGP Punjab, was directed to conduct enquiry w.r.t the allegations mentioned above in the application of LFHRI and file status report.
(III) That thereafter, in the Order dated 01.02.2018 following observations were made by the Hon’ble Court:
In deference to the directions contained in para No. 7 of order dated 28.11.2017 passed by this Court, Mr. Harpreet Singh Sidhu, Head of STF, constituted by the State of Punjab, has also submitted the status report in a sealed cover, which has been opened. . . The Enforcement Directorate as well as the State Government shall submit their respective opinion-cum-status reports on the next date of hearing. The report submitted by Mr. Sidhu be also resealed and be kept in the custody of Registrar (Judicial) of this Court.
(IV) That thereafter in the Order dated 23.05.2018 following observations were made by the Hon’ble Division Bench:
[2.] The State of Punjab has filed the opinion-cum-status report of the Committee constituted by the State Government in a sealed cover along with the short affidavit of Dr. Nirmaljeet Singh Kalsi, IAS, Additional Chief Secretary, Department of Home Affairs and Justice, Punjab. The said report and affidavit are also taken on record.
(V) That after the above-said order dated 23.05.2018 no substantial order has been passed in respect of the issue raised therein.
Then, in April 2021 again CM No. 5964 – CWP / 2021 was filed by LFHRI for the opening of status report filed by State of Punjab which was lying in sealed cover as reflected in the orders passed by the Court on 23.05.2018. After which it was clarified by the Hon’ble Court through oral observations that there is no stay in the matter and if the State Government wants to take action then it may take on its report.
Now, our Battle of 4 years has fructified and FIR NO. 2 dated 20.12.2021 has been registered at Police Station Punjab State Crime against Bikram Singh Majithia under sections 25, 27 (a) and 29 NDPS Act.
Let us hope that free and fair investigation will be conducted in this FIR and culprit will be punished and Justice will be served.