india

Updated: May 11, 2019 15:53 IST

The Supreme Court on Friday referred to a larger bench the issue of whether a lower court has the power to summon additional accused even after having decided a criminal case against the others involved.

The apex court’s verdict came on a plea filed by former AAP leader and the then Leader of Opposition of Punjab Sukhpal Singh Khaira challenging the Punjab and Haryana High Court verdict which had dismissed his plea to quash summons by a court in Fazilka in a 2015 trans-border drug smuggling case.

Khaira is currently the president of the Punjab Ekta party and is contesting the general elections from the Bathinda Lok Sabha constituency.

A Supreme Court bench of justices N.V. Ramana and Mohan M. Shantanagoudar observed while disposing the matter that we feel that it would be appropriate to place the same for consideration before a larger Bench. The bench considered the opinion that that, power under Section 319, Cr.P.C being extraordinary in nature, the trial courts should be “cautious” while summoning accused to “avoid complexities” and to ensure fair trial.

“We must remind ourselves that, timely disposal of the matters furthers the interest of justice,” the bench sais and directed the registry to place these matters before the Chief Justice of India for constitution of a Bench of appropriate strength for considering the aforesaid questions.

The bench framed the three questions include, whether the trial court has the power under Section 319 of CrPC for summoning additional accused when the trial with respect to other co accused has ended and the judgment of conviction rendered on the same date before pronouncing the summoning order.

The larger bench would also decide whether the trial court has the power under Section 319 of the CrPC for summoning additional accused when the trial in respect of certain other absconding accused (whose presence is subsequently secured) is ongoing/pending, having been bifurcated from the main trial.

The larger bench would also decide that third, what are the guidelines that the competent court must follow while exercising power under Section 319 Cr.P.C.

The defense counsel contended that the power under Section 319 (1) CrPC can be exercised at any time after the filing of the charge sheet and before the pronouncement of the judgment. In the present case, the aforesaid summoning order passed after the order of conviction is in clear breach of the principles laid down by the apex court in a previous verdict. The state counsel submitted that application for summoning additional accused was filed and heard during the pendency of the trial, and the order was thereafter reserved.

On November 17, 2017, the Punjab and Haryana high court dismissed Khaira’s plea challenging the lower court order after which he approached the Supreme Court. In December 2017, the Supreme Court stayed the trial court’s proceedings and granted relief to Khaira who was then the leader of opposition in the Punjab assembly. Those already convicted were arrested by the police on March 9, 2015, along with two kg of heroin, 24 gold biscuits, a country-made pistol, two Pakistani SIM cards and an SUV; they were sentenced to jail for terms varying between three to 20 years on October 31, 2017.