Hindustan Times (Bathinda)

High court turns down plea of MLA Bains in rape case

Had approached the HC seeking quashing of a Ludhiana court order for registrati­on of FIR against him

- HT Correspond­ent letterschd@hindustant­imes.com

CHANDIGARH: The Punjab and Haryana high court on Friday dismissed a plea from Punjab MLA and Lok Insaaf Party (LIP) chief Simarjit Singh Bains, booked for allegedly raping a woman.

Bains had approached high court on July 12 seeking quashing of the July 6 order of a Ludhiana court in which registrati­on of FIR against him was ordered on the complaint of a woman. Bains had pleaded that the trial court passed the order without proper applicatio­n of mind and contrary to settled tenets of criminal jurisprude­nce.

Dismissing his plea, the high court bench of justice Manjari Nehru Kaul said it did not find any infirmity in the order of trial court. “The mere registrati­on of an FIR cannot be construed as an act, which might prejudice the petitioner (Bains) in any manner. The court is only required to examine the existence of a cognisable offence and direct registrati­on of the FIR in case the necessary ingredient­s

with respect to the cognizable offences are made out,” the bench observed.

The FIR was registered on the allegation­s of a 45-year-old woman in Ludhiana. The woman had initially lodged a complaint against Bains eight months ago. The woman alleged that she had come into contact with the MLA in a property dispute case but she was trapped. The case was finally registered at the Division 6 police station on July 12 on court’s order.

The high court said that trial court neither acted without jurisdicti­on nor can its decision be termed as an abuse of the process of law. “..the power under Section 156(3) CRPC is a statutory power conferred upon the magistrate giving rise to a statutory remedy in favour of a person aggrieved. It would rather be an act of abdication of his powers by a magistrate in case he does not take an appropriat­e decision and fails to exercise his jurisdicti­on in the event of an aggrieved person approachin­g him,” the court recorded. The bench also said that the allegation­s by the complainan­t woman cannot be disbelieve­d outrightly at this juncture and and the investigat­ing agency cannot be stalled/ stopped from conducting investigat­ion into the allegation­s which prima facie reflect commission of a cognizable offence.

“A perusal of the allegation­s ... sufficient­ly persuades this court that the ACJM, Ludhiana, had enough material before it to order registrati­on of an FIR,” the bench said adding that a magistrate certainly had the jurisdicti­on to act under 156 (3) CRPC and the pendency of a petition before high court on same controvers­y will not take away that jurisdicti­on vested in him.

SAD demands arrest

LUDHIANA: Following the high court order, the Shiromani Akali Dal (SAD) demanded immediate arrest of Bains. Terming the HC verdict as the victory of human

rights, SAD leader Harish Rai Dhandha said police tried to save Bains. Senior SAD leader and former minister Maheshinde­r Singh Grewal said: “While the state machinery was denying justice a victim, it was the court of law that came to her rescue.”

 ??  ?? Simarjit Singh Bains
Simarjit Singh Bains

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