Rape case: SC grants protection from arrest to MLA Bains till Feb 3
NEW DELHI: The Supreme Court on Tuesday directed Punjab Police not to arrest Lok Insaaf Party (LIP) MLA Simarjit Singh Bains, who is facing an arrest warrant in connection with a rape case, till February 3.
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 Bains’ plea, a bench comprising Chief Justice N V 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.