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Supreme Court stays execution of non-bailable warrants against Randeep Surjewala for 5 weeks, tells Congress Spokesperson to move trial court for quashing of NBW

The Supreme Court on Thursday stayed the execution of a non-bailable warrant issued against Congress National Spokesperson Randeep Surjewala for the next five weeks. 

The Bench of Chief Justice of India D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra granted liberty to Surjewala to move the trial court with an application to quash the warrant against him within four weeks. 

The matter was mentioned by Senior Advocate Abhishek Manu Singhvi before the Apex Court, which took it on board, though it was not listed today.

Appearing for Surjewala, Singhvi said the warrant was issued by a Varanasi Special Judge (MP-MLA) on November 7, 2023, directing the Congress National Spokesperson to appear before the court on November 21 in connection with a case of alleged political agitation dating back to 2000, when Surjewala served as a youth Congress leader.

Singhvi contended that the case stemmed from events of 2000, and the summons were issued against Surjewala 22 years later in August 2022. 

The Senior Counsel argued that the court had not provided him with the legible copies of essential documents, including medical records.

He said the petitioner had moved the Allahabad High Court under Section 482 CrPC, which reserved its judgement in the matter on October 30, 2023.

However, despite the order not being out yet, non-bailable warrants were issued against him, he noted. Singhvi submitted that the High Court had refused urgent mentioning and listing of the matter. 

Asserting that the warrants could not have been issued against him, Singhvi submitted that Surjewala may be right or wrong, but why the NBWs? 

Noting that Surjewala was a senior secretary and needed some ‘breathing space,’ the Senior Counsel said that once the judgement came, the Congress leader would take his recourse.

He further pointed out that warrants have been issued at a time when Surjewala was doing the campaign work for the Madhya Pradesh Assembly elections.

Noting that it was not necessary to issue notice to respondents at this stage, the Supreme Court granted liberty to the petitioner to move an application for cancellation of NBW before the trial court within four weeks. 

It further ruled that the warrant shall not be executed till the next five weeks.

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