New Delhi, February 1
The Supreme Court on Tuesday directed Punjab police not to arrest till February 3 the Lok Insaf Party MLA, Simarjeet Singh Bains, who is facing an arrest warrant in connection with a rape case.
Initially, the apex court was of the view that the accused MLA be permitted to remain out till February 23 for filing nomination papers and electioneering which was opposed by the lawyer of the alleged rape victim.
Before the woman’s lawyer opposed the plea of Bains, a bench comprising Chief Justice NV Ramana and justices AS Bopanna and Hima Kohli observed: “We are not saying anything on merits. The high court is seized of the matter, it is unfortunate that the order has not been passed…We are only allowing him (the protection) till 23rd February … after that, he will surrender and get regular bail”.
However, the bench took note of vehement submissions of advocate Gagan Gupta, appearing for the alleged rape victim, that it was not a case of a political vendetta at the time of polls, rather an FIR for committing rape has been lodged long back.
As many as four criminal cases have been lodged against the complainant after she lodged the rape FIR, the lawyer said.
The counsel for the woman also said that a separate plea has also been filed by her in the apex court and that may be listed together for hearing and after taking note of the contention, this court would be satisfied that the accused leader was not entitled to the relief sought.
The plea has been filed by the leader before the election to seek relief and as the matter of fact, the case has been going on in the high court where a status report has been filed revealing that as many as 20 cases are pending against the MLA.
The court ordered that the plea of the woman be also listed on Thursday along with the petition of Bains.
Bains represents the Atam Nagar assembly seat in the Ludhiana district of Punjab.
The leader has filed the appeal against an order of the Punjab and Haryana by which it did not stay the trial court’s non-bailable warrants issued against him in the rape case.
Earlier, the apex court had granted relief to SAD leader Bikram Singh Majithia in a drugs case, observing “we are a democracy” where politicians are permitted to file nominations and it should not get the impression that “motivated” cases are filed.
It had flagged the sudden spurt in criminal cases against political opponents just before the assembly polls in Punjab and had asked senior advocate P Chidambaram, appearing for the Punjab government, to advise the authorities to ensure that it does not get the impression that the state is acting against political rivals with vindictiveness.
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