Rape Case: Supreme Court Grants Protection From Arrest To Punjab MLA Simarjeet Singh Bains Till Thursday

The Supreme Court of India on Tuesday granted protection from arrest till Thursday (3rd January) to Lok Insaf Party (LIP) MLA Simarjeet Singh Bains in relation to the non bailable warrants issued against him in the alleged rape case of a 44-year-old woman in which he is accused along with six others.

While adjourning the matter till 3rd February, a Bench comprising CJI NV Ramana, Justice AS Bopanna and Justice Hima Kohli has restrained the State of Punjab from arresting him till then.

The Bench has directed that the writ petition filed by the complainant lady be listed along with the special leave petition filed by Bains on Thursday. 

During the hearing today, Senior Advocate Mukul Rohatgi appeared for the petitioner.

The Bench was initially inclined to grant him protection till 23rd February when Punjab Elections are over.

Advocate Gagan Gupta appearing for the complainant however opposed the grant of relief to the petitioner.

" We are not saying anything on merits. The High Court is seized of the matter, it's unfortunate it hasn't passed an order. We are only allowing him till 23rd February he shouldn't be arrested, thereafter he has to surrender and get regular bail." the CJI said

Advocate Gupta submitted that several times non-bailable warrants have been issued against the petitioner. Further, since the rape FIR was filed by the complainant accusing the petitioner 4 cases have been filed against her, and her witnesses are being harassed and intimidated.

He argued that the petitioner has brought it to the brink of election to make it an election issue before the court. 

He submitted that the matter is going on before the High Court where a status report has been filed saying that 20 cases are pending against the petitioner MLA.

The petitioner Counsel urged the Court to pass orders in the present SLP only after first hearing the writ petition filed by the complainant.

The present special leave petition has been filed challenging the interim order dated 21.12.2021 passed by the High Court of Punjab and Haryana at Chandigarh in issuing notice returnable on 25.01.2022 without granting stay of the Magistrate's order dated 10.12.2021 through which non bailable warrants were issued against the petitioner

The case was listed today after urgent listing was sought by Senior Advocate Mukul Rohatgi, submitting that the petitioner has to file his nomination for election in Punjab but non bailable warrants are issued against him.

The Petition filed through Advocate Misha Rohatgi has submitted that there is grave urgency in the matter as in view of non-bailable warrants continuing against the Petitioner, he would not be in a position to file his nomination for the Punjab elections, which can only be filed upto 1st February.

The petitioner has argued that the High Court erroneously without appreciating the ex-facie false case registered against the Petitioner, failed to consider the prayer for grant of stay of the order dated 10th December 2021 passed by the Magistrate whereby the Magistrate stayed further investigation in the FIR and issued non-bailable warrants against the Petitioner.

The petition has argued that the Magistrate vide order dated 10.12.2021, on an erroneous interpretation of law stayed further investigation on the basis that permission from the Court was required to be taken before conducting further investigation. According to the Petitioner, further investigation was critical he has gained knowledge from newspapers that the witnesses who have given statements against him have submitted applications that the statements were procured under political pressure. In any case, the law as laid down by Supreme Court does not mandate prior permission for conducting further investigation.

The Petitioner has submitted that the Complainant against him in the present FIR initially had a monitory dispute with one Mr. Sukhchain Singh against whom she made complaints before various authorities. Pertinently, there was no allegation against the Petitioner in the said complaints. Subsequently, the Complainant settled disputes with Mr. Sukhchain Singh and also gave a voluntary statement dated 10.10.2020 before ADCP – II, Ludhiana. However, during this period the Complainant came in contact with other politicians who have used the Complainant for their oblique political motives and got the present FIR registered.

According to the petitioner, the High Court while passing the Impugned Order failed to take note of the following crucial aspects:

• The chargesheet dated 08.11.2021 submitted to the Magistrate was incomplete in as much as the chargesheet itself kept open scope for further investigation.
• Admittedly the chargesheet also records that voice sampling of the complainant, D.V.R. of the office and mobile of the Petitioner have been sent to the concerned authorities for examination and the result of which are awaited.
  
• Such practice of submitting incomplete challan and the Magistrate taking cognizance over such incomplete challans has been depreciated by Supreme Court.
  
• The investigation in the present FIR was being conducted by a Special Investigation Team (SIT) pursuant to orders passed by the Hon’ble High Court. The SIT never submitted its concluded report pursuant whereto the challan could have been filed.
  
• The chargesheet itself records that the Petitioner being a public representative cannot abscond anywhere. However, the Magistrate despite noting that the warrants were never served on the Petitioner, proceeded to issue non- bailable warrants against him.
  

The FIR against Bains was registered against him in July 2021. The court of Judicial Magistrate First Class had issued a non-bailable arrest warrant against Bains thrice, on November 18, December 1 and December 10.

The Punjab and Haryana High Court through order dated 16th December 2021 had issued notice on the complainant's petition challenging constitution of a Special Investigating Team to further investigate the case. It was argued that the final charge-sheet (Challan) has been presented, and the SIT has been ordered without permission of the competent Court.

It was argued that though it has been constituted in the name of further investigation but clandestinely there is a motive to conduct the re-investigation in order to save the accused against whom even non-bailable warrants are also issued but have not been executed till date.

Case Title: Simarjeet Singh Bains vs State of Punjab

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