No relief to Simarjeet Bains; HC raps police over shoddy probe
CHANDIGARH: The Punjab and Haryana high court on Friday dismissed pleas from Lok Insaaf Party leader Simarjeet Singh Bains and eight others in a rape case registered in July 2021 against the former MLA.
The high court bench of justice Lisa Gill was dealing with pleas from Bains and the eight others roped in as accused under different offences. The allegations of rape are against Bains only. The pleas demanded that proceedings initiated following registration of FIR be quashed. The court also quashed pleas seeking anticipatory bail, including that of Bains, directing that if they appear seeking anticipatory bail before the trial court, the pleas be dealt with within one week.
The FIR was registered on the allegations of a 45-year-old woman, a widow, in Ludhiana on July 10, 2021 after an order by a local court order. The woman alleged that she had come into contact with the former MLA in a property dispute case but she was trapped and later in 2020, she was raped by the then MLA on multiple occasions.
The court also expressed its displeasure over the manner in which the probe was handled by the Punjab police.
“...It is a matter of surprise that the police authorities felt powerless and ineffective in front of the ‘rage’ of the supporters of accused No.1 (Bains) and so fearful of the law and order situation which they perceived would be created in the wake of said petitioner’s arrest, that the challan was presented with a request to summon the accused in Court,” the bench observed.
It said that facts of the case are “reflection on the clout which Bains was able to wield on the police authorities”. The observation was made taking note of the fact that even after
registration of FIR, he was not made to join the probe by police. When he was summoned by court the police could not get the summons delivered.”
“...Even the nonbailable warrants directed to be served through commissioner of police (Ludhiana) remained unexecuted,” the court noted.
During the hearing, the state had submitted that the decision to constitute a fresh SIT ordered on November 26, 2021 has been withdrawn and challan stands presented in the case.
The court observed that the petitioners do not deserve any indulgence from the court as it is apparent that they seem to entertain a notion that law is to be “flouted at their whims and fancies” and is “subservient to their cause”.
It would be a travesty of justice to accept the argument of Bains that he was in the process of availing his remedies (seeking bail etc), therefore, he cannot be termed an absconder, the court observed, referring to due process undertaken by the trial court in issuing notices to him and as same remained unserved, declaring him a proclaimed offender.
Rejecting the pleas, the court added that petitioners did not apply for the anticipatory bail at any time prior to filing of the challan and in a peculiar fashion, the police authorities “fearing the wrath” of Bains and his aides, did not proceed to arrest any accused.