Hearing Bains’ attraction on the arrest warrant by the Magistrate Court in Ludhiana, a bench headed by Chief Justice of India NV Ramana directed to checklist it together with the petition filed by the complainant within the rape case.
Bains, an MLA from Ludhiana’s Atma Nagar, is contesting the upcoming Punjab elections from this seat.
The bench, additionally comprising Justices AS Bopanna and Hema Kohli, initially puzzled whether or not the arrest of Bains could possibly be deferred until after the elections on February 20. “He is a contesting candidate. Let them contest elections and then arrest them…”, the CJI stated.
But after the protest of the girl’s lawyer, the courtroom determined to listen to each the circumstances collectively on 3 February.
“The learned counsel appearing for the complainant vehemently opposed the grant of any relief to the petitioner… They submit that they have filed a Writ Petition (CRL) No. 24 dated 2022 and request that the said matter be listed and heard with immediate effect. The petition… In the meantime, we restrain the State Government and direct them not to arrest the petitioner for the time being.”
Advocate Gagan Gupta, showing for the girl, opposed any reduction by the apex courtroom to Bains, saying that the warrant had been issued in opposition to the MLA “many times in the past”. He stated that after the criticism of rape was filed in opposition to Bains, 4 circumstances have been registered in opposition to the girl and her witnesses have been additionally being threatened.
“Now this (Bains’s) argument relies as whether it is on the verge of elections. There are 20 circumstances pending in opposition to him. He is a hazard to the society.
However, Bains’ counsel, senior advocate Mukul Rohatgi, informed the courtroom that the rape case in opposition to the two-time MLA was “false” and his plea to quash it was pending earlier than the excessive courtroom.
Pointing out that Bains’ matter was delivered to his discover on Monday, the CJI stated: “Sorry to say, there was another mention about Simarjit Singh Bains where a case was registered against him. Sorry, all of a sudden these criminal cases are popping up ahead of the election. At least allow filing of nominations.”
The courtroom additionally informed the Punjab authorities’s counsel, “Please advise your state that such cases are not registered before elections.”
Earlier on Monday, whereas granting safety from arrest to Shiromani Akali Dal chief Bikram Singh Majithia in a case underneath the NDPS Act, the CJI had remarked that circumstances have been all of the sudden rising from Punjab forward of elections.
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With inputs from TheIndianEXPRESS
