The Supreme Court on Thursday stayed for five weeks a non-bailable warrant (NBW) issued against Congress general secretary Randeep Singh Surjewala, issued by an MP/MLA court in Varanasi in a 23-year-old case in which the Congress leader is accused of committing alleged vandalism during a political protest.

A bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud allowed Surjewala to appear before the trial court in four weeks for the cancellation of the warrant after senior advocate Abhishek Manu Singhvi requested for an urgent mentioning of the matter.

“We permit the petitioner to move the trial court for cancellation of NBW within four weeks. The warrant shall not be executed for a period of five weeks,” the bench, also comprising justices JB Pardiwala and Manoj Misra, said.

The warrant was issued on November 7 by additional sessions judge of Varanasi heading the special MP/MLA court seeking Surjewala’s presence in the case.

Singhvi told the court that there was no hurry for the judge to issue NBW as the Allahabad high court has reserved orders on October 30 on a petition filed by Surjewala seeking the quashing of the criminal case registered against him in August 2000.

He further pointed out that after the issuance of NBW, Surjewala had approached the HC seeking cancellation, but the HC declined to list the matter forcing him to approach the top court.

“It is a political protest. Where is the need for an NBW to be issued today? The HC judgment will come, and I will take my legal recourse,” Singhvi said.

The bench asked Singhvi to tell his client to appear before the trial court and cancel the warrant. Singhvi said that he has already applied to the trial court for the supply of legible and readable documents produced by the prosecution, along with the charge sheet filed in the trial. “Give me some breathing time of four weeks,” Singhvi requested the court.

The state was not represented in the case and SC did not deem it fit to issue notice to the UP government.

The case dates back to 2000 when Surjewala as the national president of Youth Congress, along with other Congress leaders, was booked for allegedly creating ruckus while protesting the alleged false implication of some party 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 in Varanasi under various provisions of the Indian Penal Code, and Prevention of Damage to Public Property Act.