The Supreme Court has granted interim protection from arrest till Thursday to Punjab MLA Simarjeet Singh Bains who is accused in an alleged rape case.
Bains had filed a plea before the Supreme Court against an order of Punjab and Haryana High Court which had in-fact issued notice on his plea which sought directions to stay non-bailable warrants issued against him through commissioner of police in an alleged rape case. In the HC, Bains had submitted that order dated 10/12/2021, by trial court, was per se unjustified, illegal and arbitrary as it was an incomplete challan which was presented under Section 173 CrPC.
Today, Senior Advocate Mukul Rohatgi argued on behalf of Bains submitted that his client is a two-time MLA.
Whether he is a two time or three time MLA, it doesn’t help, replied Chief Justice of India N.V. Ramana.
Rohatgi said a case under IPC Section 376 was registered against him on a woman’s complaint. A SIT was constituted but the High Court had stayed the investigation on a plea filed by a complainant.
Advocate Jaspreet Gogia appearing for the State of Punjab informed the Court that there is a fresh non-bailable warrant issued against him on December 10 last year.
“Till the election give him relief, let him contest the elections, after that you can arrest him. Till 23rd February he should not be arrested,” said CJI Ramana.
Advocate Gagan Gupta for the complainant opposed the relief and submitted, “In December 2020, I have to file a 156(3) because the police not registering my rape case. Now several non-bailable warrants against him. False cases were filed against me after I filed a rape case against him. Kindly see his conduct in the last one year. There are about 20 cases pending against this MLA. He has never been arrested. Today the petition, in which he has already got the relief, notice of motion. He’s a threat to the Society. After I filed a rape complaint in 2020, a series of FIRs registered against me. I have filed a plea against the same, kindly hear it and pass an order.”
Rohatgi refuted his contentions by saying he is talking of things which have no relevance.
CJI asked the complainant’s counsel- “What is that you are expecting that he should be arrested, and not fight the elections?”
“No milord, I am just saying that because of this man, false cases were registered against me. I have filed a petition. Kindly hear it,” he replied.
“List the matter day after tomorrow and the petitioner shall not be arrested till then,” noted the bench which also comprised Justices A.S. Bopanna and Hima Kohli.
On 10/12/2021, the Trial Court had recorded that Non-Bailable Warrants were not executed and fresh Non- Bailable warrants issued against Bains through Commissioner of Police. It was also noted that the officials could not have carried out further investigation without the permission of Court since Challan had been filed already.
The High Court by its order dated 16/11/2021, had stayed the decision of the Punjab police’s Bureau of Investigation constituting a special investigation team (SIT) to probe the allegations of rape against him in a plea filed by prosecutrix.
On 21/12/2021, Bains challenged the order of Trial Court before the high court alleging it was unjustified, illegal and arbitrary as it was an incomplete challan which was presented under Section 173 CrPC and it was specifically mentioned therein that in case any new fact/solid evidence comes on record, then while considering the concerned aspect, further action as per law shall be initiated.
In her plea before the Apex Court, the complainant has requested to quash the false and frivolous cases instituted against her and her family members by way of malafide, high-handedness and political clout of Simarjeet Singh Bains sitting MLA from Ludhiana’s Atam Park Constituency. “He is accused in more than 25 cases but successfully evaded arrest in all the cases,” stated the plea. The plea filed by 49-year-old rape victim also sought directions to arrest all the other accused including MLA Simarjeet Singh Bains in the FIR No. 0180 dated 10/07/2021, registered at her instance at PA division 6, Police Commissionerate, Ludhiana under Sections 376, 354, 354-A, 506, 120-B Indian Penal Code.
The matter would now be heard on Thursday.
Senior Advocate Mukul Rohatgi appeared for MLA Simarjeet Singh Bains. Advocate Gagan Gupta appeared for the complainant before the Apex Court.