A spirit from the grave? Punjab and Haryana High Court left puzzled as dead man seeks anticipatory bail

The Punjab and Haryana High Court was left puzzled this week as it came across a plea seeking anticipatory bail for an accused who had died a month before his petition was filed [Manjit Singh vs State of Punjab]..In an order passed today on Thursday, Justice Manjari Nehru Kaul said the lawyer for the petitioner Manjit Singh had managed to stir up quite the “legal potpourri” by filing the plea and his feat would make even the Houdini raise an eyebrow!“Trust, the Courtroom can still be a wild enough place without summoning spirits from beyond the grave,” Justice Kaul said as the Court issued a stern warning to the counsel..The drama unfolded before the Court on Wednesday when the State produced Singh’s death certificate which revealed that he had died on December 27, 2023. However, his petition had been filed on January 24 and a week later he was granted interim bail by the Court in the case under Narcotic Drugs and Psychotropic Substances (NDPS) Act. “It is very strange as to how the Power of Attorney of a dead person could have been procured and annexed with the instant petition. Furthermore, an affidavit has also been signed by the petitioner,” the Court said on May 1 while summoning Singh’s counsel..Today, the counsel representing Singh appeared before the Court and could not dispute that his client had died. In his explanation, the counsel said he had been misled by “some person” who had approached him for filing the bail plea. He also sought an unconditional apology.Interestingly, the petition filed on behalf of the dead person even had his signatures!“Seemingly learned counsel for the petitioner filed a petition on behalf of his departed client, complete with a posthumous Power of Attorney, bearing a signature from beyond the grave,” the Court wrote in the order today..Justice Kaul added that it was as if Singh was orchestrating an ultimate legal prank from beyond the grave. “And if that weren't enough to raise a Courtroom chuckle, behold! An affidavit bearing the signature of none other than the departed petitioner,” the Court said perplexed.All this undoubtedly had put some “much-needed entertainment” into the otherwise dull courtroom proceedings, the single-judge admitted.However, it warned the counsel to exercise caution in his “future legal escapades”.“After all, we would not want to inadvertently summon anymore ghostly clients or find ourselves entangled in a legal mess of supernatural proportions,” Justice Kaul wrote in the order..While penning down the witty lines, the Court also said it was imperative for it to issue an explicit warning. “Learned counsel for the petitioner should take this warning seriously and avoid getting involved in such “otherworldly activities” in the future lest he becomes entangled in a complex situation beyond the ordinary. Besides, considering the learned counsel for the petitioner's relative inexperience in the legal profession, this Court would not want to see him squander his promising career on such..... shall we say, otherworldly endeavours,” the order made it clear. Considering the unconditional apology, the Court allowed the request for withdrawal of the plea..Advocate Vikramkit Singh represented the accused.Senior Deputy Advocate General Amit Rana represented the State.[Read Order]

A spirit from the grave? Punjab and Haryana High Court left puzzled as dead man seeks anticipatory bail

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