2015 (3) TMI 1235 - SC - Indian Laws

Grant of bail in connection with different cases registered against under the provisions of NDPS Act and the IPC declined - Held that - Learned counsel for the petitioners, at this stage, submit that since the matters are being referred to a Division Bench with a direction to hear and dispose of the writ petitions, they would withdraw the special leave petitions filed by them and approach the Division Bench for grant of bail, if so permitted by this Court. We see no reason to decline that permission. We accordingly dispose of the special leave petitions reserving liberty to the petitioners to approach the Division Bench before whom the writ petitions mentioned above and connected matters are listed for hearing. We make it clear that even the State of Punjab shall be free to approach the Division Bench for cancellation of the bail granted to Jagjit Singh Chahal and Parmjit Singh Chahal, if so advised. We make it clear that we have expressed no opinion on the merits of the contentions that may be urged by learned counsel for the parties at the hearing before the Division Bench. We hope and trust the Division Bench will make an endeavour to dispose of the matters at an early date and as far as possible, within a period of three months from today.

Summary

Issues:
1. Denial of bail by High Court of Punjab & Haryana in NDPS Act and IPC cases.
2. Stay of proceedings before trial court.
3. Transfer and further investigation by CBI.
4. Suspension of trial due to writ petitions.
5. Request for comprehensive hearing and disposal before Division Bench.
6. Withdrawal of special leave petitions.
7. Reservation of liberty to approach Division Bench for bail.
8. No expression of opinion on merits by Supreme Court.
9. Direction for early disposal by Division Bench.
10. Dismissal of SLP(Crl.) No. 1695/2015.

Analysis:
1. The High Court of Punjab & Haryana refused bail to the petitioners involved in cases under the NDPS Act and the IPC. However, in a related matter, bail was granted to certain respondents accused in FIRs from different police stations. The State of Punjab challenged these orders in special leave petitions before the Supreme Court.

2. Proceedings before the trial court were halted by a single judge of the High Court due to writ petitions seeking transfer and further investigation by the CBI. Various writ petitions, including one for independent investigation into drug trafficking, were filed before the High Court, resulting in the suspension of trials for the petitioners.

3. The Supreme Court, considering the nature of the allegations and the need for prompt resolution, directed the Chief Justice of the High Court to consolidate the writ petitions for a comprehensive hearing before a Division Bench. The parties agreed to this approach for early disposal of the cases.

4. The petitioners agreed to withdraw their special leave petitions and seek bail directly from the Division Bench. The Supreme Court granted permission for this withdrawal and reserved liberty for the petitioners and even the State of Punjab to approach the Division Bench for necessary relief.

5. The Supreme Court clarified that it had not expressed any opinion on the merits of the contentions to be raised before the Division Bench. It urged the Division Bench to expedite the disposal of the cases, ideally within three months from the date of the Supreme Court's order.

6. In a separate matter, SLP(Crl.) No. 1695/2015 was dismissed as withdrawn with liberty for the petitioner to approach the Division Bench listed for the writ petitions seeking a CBI inquiry, in line with the decisions made in the connected cases.