A Mohali court on Tuesday rejected an application filed by the Punjab government seeking strict and unusual conditions on the bail of Shiromani Akali Dal leader Bikram Singh Majithia. The decision came just hours before Majithia walked out of Nabha jail following the Supreme Court’s order granting him bail in a disproportionate assets case.
The application was moved by the Punjab Vigilance Bureau a day after the Supreme Court granted bail to Majithia in a case registered under the Prevention of Corruption Act and the Indian Penal Code. The state sought to impose several restrictions on Majithia’s movement, speech, and personal liberty, citing concerns over the ongoing investigation and trial.
After hearing both sides, the Mohali court observed that while the prosecution has the right to seek conditions while granting bail, such conditions must be reasonable, lawful, and in line with constitutional principles. The court ultimately declined most of the state’s demands and ordered Majithia’s release on standard bail terms.
In its plea, the Vigilance Bureau described Majithia as a highly influential political leader. It argued that if released without strict safeguards, he could influence witnesses, tamper with evidence, delay the trial, or shape public opinion through statements and public appearances.
The state asked the court to impose 10 specific conditions on Majithia’s bail. One of the most controversial demands was that Majithia should not be allowed to enter Punjab except for attending court hearings. The prosecution also sought a complete ban on any public demonstrations or celebrations after his release.
Other conditions included restricting Majithia from making any public or media statements related to the case, including posts on social media. The state also wanted Majithia to surrender his passport, share all his mobile phone numbers with the investigating officer, use only one SIM card, and allow his mobile phone location to be tracked at all times.
In addition, the prosecution requested restrictions on dealing with properties that are part of the investigation and asked the court to bar Majithia from seeking unnecessary adjournments during the trial.
The Vigilance Bureau told the court that the case was still under investigation and that these conditions were necessary to ensure a fair trial. It said there was a real risk that Majithia’s influence could affect the proceedings if he was released without tight controls.
After examining the Supreme Court’s bail order and hearing arguments from both sides, the Mohali court refused to accept the state’s plea for extreme restrictions. The court said that bail conditions cannot be punitive in nature and must respect a person’s basic rights.
On the demand to bar Majithia from entering Punjab, the court noted that he is a permanent resident of the state. It also observed that there was no allegation that Majithia had violated bail conditions in any previous case while living in Punjab. The court held that preventing a person from staying in their own state without strong legal grounds would be unreasonable.
The court also rejected the request for continuous mobile phone location tracking. It said such a condition would seriously affect the right to privacy and could not be imposed without a clear legal basis. Similarly, the court declined to place a blanket ban on Majithia’s right to speak, including on social media platforms.
Regarding the passport, the court noted that Majithia’s passport was already in judicial custody, making any further order unnecessary.
Advocate HS Dhanoa, who represented Majithia, welcomed the decision and said the court had upheld constitutional protections. He said the court rightly observed that Article 19 of the Constitution guarantees freedom of speech, subject to reasonable restrictions under law. He also pointed out that a person cannot be stopped from living in their own state or have their privacy invaded without proper legal justification.
In the end, the court ordered Majithia’s release on standard bail conditions. These include furnishing personal and surety bonds of ₹2 lakh each, cooperating with the trial, not influencing or threatening witnesses, not tampering with evidence, and appearing before the court whenever required.
Majithia was granted bail by the Supreme Court in a case registered under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, along with Section 120-B of the Indian Penal Code. His release from Nabha jail took place soon after the Mohali court passed its order.
The ruling has drawn attention as it highlights the balance courts must maintain between the interests of investigation and the protection of individual rights. While the state argued for strict control, the court stressed that bail conditions must remain fair, reasonable, and within the limits of the law.
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