After Allahabad HC Refuses Urgent Listing, Supreme Court Rescues Congress Spokesman Randeep Surjewala From Non-Bailable Warrants In 23-Year-Old Case
|The Supreme Court today intervened in the case involving Congress National Spokesman Randeep Surjewala, rescuing him from arrest under non-bailable warrants issued in a 23-year-old case related to a violent protest in Varanasi. The Apex Court has temporarily suspended the execution of the non-bailable warrants and has granted the liberty to Surejwala to approach the trial court.
Although the case was not originally listed, it was mentioned today for an urgent hearing before the Bench presided over by Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra.
Senior Advocate Abhishek Manu Singhvi mentioned the matter and submitted that a non-bailable warrant had been issued against Surjewala, who serves as the secretary of a prominent political party, for a case registered 22 years ago.
During the hearing, the Bench initially inquired why the petitioner had not sought relief from the High Court. However, upon being informed that the petitioner had indeed approached the Allahabad High Court and urgent mentioning made there did not yield any result, the Bench agreed to consider the matter.
The Court after considering the submissions ordered, "The Petitioner has moved this Court under Article 32 of the Constitution aggrieved by an order directing issuance of non-bailable warrants on 7th November 2023, by the Additional Sessions Judge, Special Court MP/MLA Varanasi. The Petitioner is implicated in case No. 187 of 2023 (State versus Randeep Surjewala) for the alleged offences under 147, 332, 333, 336, 353 and 427 of the IPC, Section 7 of Criminal Law (Amendment) Act and Section 3 of Prevention of Damage to Public Property Act at Police Station Varanasi."
Continuing the Court noted, "Dr. A.M. Singhvi learned senior counsel appearing on behalf of the Petitioner states that the High Court of Judicature at Allahabad has reserved judgment on 30th October 2023 on the petition under section 482 of the Code of Criminal Procedure. The grievance is that though the Petitioner sought to move to the High Court against the order of issuance of non-bailable warrants, the learned Judge has declined to allow the listing of the Writ Petition. This has been averred in paragraph 14 of the Petition under Article 32."
The Court further noted that it was not necessary to issue notice to the respondents at this stage and accordingly directed, "Bearing in mind the above facts, we permit the Petitioner to move an application before the learned Trial Judge for cancellation of non-bailable warrants within a period of 4 weeks. The warrant shall not be executed in the meantime for the period inclusive of up to 5 weeks."
On Tuesday, the Special Judge (MP-MLA) court issued a non-bailable warrant against Randeep Surjewala, the national spokesperson of the Congress party. The warrant requires him to appear before the court on November 21. Additionally, the court sent a letter to the Delhi Police Commissioner, instructing him to ensure Surjewala's presence in the court on the specified date.