SC extends relief for Randeep Surjewala in 23-year-old case till Jan 8

The Supreme Court on Friday granted relief to Congress member of Parliament (MP) Randeep Singh Surjewala by staying proceedings against him in a 23-year-old criminal trial in Uttar Pradesh on the allegation that he indulged in vandalism during a political protest.

A bench headed by Chief Justice of India (CJI) D Y Chandrachud said, “Proceedings against the petitioner shall remain stayed,” as it issued notice to the UP government on Surjewala’s petition challenging a November 17 order of the Allahabad high court refusing to quash the first information report (FIR) against him. The court posted the matter for January 8 and directed the stay to operate till then.

Senior advocate Abhishek Manu Singhvi appearing for the Congress leader told the court that the Allahabad high court failed to consider the delay caused in these proceedings while pointing out that the charges levelled in the FIR were not made out.

The bench, also comprising justices JB Pardiwala and Manoj Misra agreed to take up the arguments on the next date. The petition filed through advocate Abhishek Jebraj said, “In the entire four-month period from the registration of the FIR on August 21, 2000 to the preparation of the chargesheet on December 19, 2000, the UP police failed to serve any notice or summon to the petitioner to join investigation. “

It was only after 108 hearings that the petitioner was summoned by the magistrate, who issued a non-bailable warrant (NBW) against him for the first time in August 2022, Surjewala told the top court claiming that since then, he has been represented in trial through his counsel.

Even as the decision by the HC was pending on the issue of quashing of FIR, the trial court issued fresh NBW on November 7. Against this order, Surjewala approached the Supreme Court which, on November 9 put the execution of NBW issued by a Varanasi court on hold for a period of five weeks to grant sufficient “breathing time” for Surjewala to seek cancellation of the same. This order expired on December 14.

The case dates to the year 2000 when Surjewala, the then national president of Youth Congress, along with other Congress leaders, was booked for allegedly creating ruckus while protesting against the alleged false implication of some Congress leaders in the Samvasini scandal in Varanasi.

The police alleged that during the demonstration, Surjewala along with his supporters indulged in damaging property, stone-throwing and preventing public servants from discharging their duties.

A criminal case was lodged against them at the Cantt police station of Varanasi under various provisions of the Indian Penal Code, and Prevention of Damage to Public Property Act.