CHANDIGARH, July 1: Days after being booked under the Prevention of Corruption Act, former Punjab cabinet minister Bikram Singh Majithia approached the Punjab and Haryana High Court on Monday, challenging what he described as an “illegal arrest” and “arbitrary remand” in a case he claims stems from political vendetta.
The petition, filed through advocates Sartej Singh Narula, Damanbir Singh Sobti and Arshdeep Singh Cheema, contends that the FIR lodged by the Vigilance Bureau on June 25 is a “manifestation of political witch-hunting” aimed at maligning and harassing him. The case is yet to be listed for hearing.
“The FIR is a product of the ruling dispensation’s attempt to silence a political opponent and vocal critic,” the plea states. Majithia was arrested the same day from his residence in Mohali.
In the petition, he argues that his detention violated due process. “I was kept in illegal custody from 9 am to 11.20 am—well before the formal arrest,” Majithia submitted, citing video footage and the remand order issued the next day as evidence. He said the delay violated Article 22(2) of the Constitution and Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which require a person to be produced before a magistrate within 24 hours of arrest.
Majithia also challenged the remand order granted by a Judicial Magistrate First Class on June 26, which extended police custody until July 2. The order, according to him, lacked proper judicial reasoning. “It is a non-speaking order suffering from procedural lapses, including the magistrate’s failure to examine case diaries or provide reasons for police custody,” the plea asserted.
The former minister accused the investigating agency of relying on “vague and speculative claims” such as his political influence and alleged foreign links, without presenting any urgent or concrete grounds for remand.
He also argued that the remand sought to extract a confession, in breach of his constitutional protections. “The attempt violates Article 20(3), which guarantees protection against self-incrimination,” the petition said.
Majithia referenced a Supreme Court order dated March 4, which had earlier denied the state’s request for his custodial interrogation on the same allegations. “Despite my full cooperation with the SIT and the top court’s directions, the state misrepresented facts before the magistrate to gain custody once again,” he alleged.
Calling the remand an abuse of legal process, Majithia’s plea invoked fundamental rights under Articles 14, 20, and 21. “The remand order stands vitiated by procedural improprieties, judicial non-application of mind, and deliberate concealment of material facts,” it read.
Terming the case a test of legal safeguards, the petition urged the court to set aside the remand and issue directions to ensure a fair investigation. “This petition raises questions of law surrounding misuse of remand powers, abuse of criminal process, and denial of liberty,” it concluded.
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