The Supreme Court on Thursday pulled up the State of Punjab and MLA Simarjeet Singh Bains in a plea filed by a woman alleging false FIRs registered against her after she had filed a rape complaint against sitting MLA Simarjeet Singh Bains from Atam Nagar Constituency, Ludhiana, Punjab.
The Court was hearing two pleas, one by MLA Simarjeet Singh Bains against the order of Punjab & Haryana High Court, which had refused to stay the non-bailable warrant issued against him in the alleged rape case, and the second by the complainant alleging false FIRs registered against her and witness after a rape case was filed by her against the sitting MLA. The Apex Court had on February 1, 2022, inclined to give interim protection from arrest to MLA till February 23, 2022. However, after objections raised by AOR Gagan Gupta, the counsel for complainant, that he has filed plea seeking quashing of various FIRs, the Court listed the matter for today.
During the hearing, Chief Justice of India N.V. Ramana said, “Mr Rohtagi, did you see the other writ petition? This is how your client is harassing people. I wanted the AG to appear in this matter.”
Advocate General D.S. Patwalia appeared for the State of Punjab.
“Mr Patwalia (AG Punjab), what is happening in your State? How many cases filed against that lady?” asked the CJI. “You want anticipatory bail and this lady will go the jail. You can’t use police machinery against the innocent citizen. We are staying the proceedings in all those cases,” noted the bench which also comprised Justices A.S. Bopanna and Hima Kohli.
Rohatgi argued, “She is running a false job racket. These cases have not filed by me. These were filed by people who were promised jobs in Canada by this lady.”
“We are granting one week time to you Mr Advocate General to file reply, don’t arrest this MLA for one week. All FIRs registered against lady stayed for two weeks,” noted the bench in its order.
Bains had filed a plea before the Supreme Court against an order of Punjab & 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.
Advocate Gagan Gupta for the complainant had 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.”
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, witness in her rape case 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.