Gujarat High Court Asks Police To Probe Rape FIR Against BJP MLA Without 'Fear And Favour'

The State Police has informed the Gujarat High Court that it has registered an FIR against BJP MLA from Prantij- Gajendrasinh Udesinh Parmar, after a woman moved a plea seeking lodging of an FIR on the allegations of rape. In view of this submission, the court disposed of the woman's plea noting that her grievance has been satisfied at this stage.

The court however said that it hopes and expects that the Investigating Agency shall probe the alleged offences "without any fear and favour and in utmost impartial manner so as to bring the truth on the surface". 

Justice Niral Mehta in his October 23 order observed that “Having considered the First Information Report produced on record, keeping in mind the prayers as stated above and scope of this petition, in my considered opinion, the grievance of the petitioner appears to have been satisfied at this stage and thereby, this Court would not like to further delve into the case and the same deserves to be disposed of accordingly, however, with a hope and expectation that the Investigating Agency shall investigate the alleged offences without any fear and favour and in utmost impartial manner so as to bring the truth on the surface". 

"Needless to say that the Investigating Agency is expected to investigate the offence without being influenced by the inquiry which was undertaken prior to lodgment of the present First Information Report, as the said inquiry has no legal sanctity in the eye of law. With this hope and expectation, present petition stands disposed of," the court added. 

The Counsel appearing for the complainant – woman prayed in her plea to issue a writ of Mandamus to pass a direction to the respondent authorities including the Satte to follow the guidelines and principles laid down by the Supreme Court in Lalitakumari vs State of U.P. & Ors. (2012) and Sakiri Vasu Vs. State of U.P & Ors. 2008 (2) SCC 409, and to lodge the FIR against the MLA and to provide her police protection.

When the matter was called out on October 23, the Additional AG appearing for the State produced the First Information Report registered on October 19 for the offences punishable under Sections 376 (1) (punishment for the offence of rape), 506(1) (criminal intimidation) of IPC and provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

The order notes that the Additional AG had earlier "voluntarily made a statement that the necessary steps will be taken for lodgment of First Information Report" against Parmar, "as per the first version of the petitioner" disclosed in her 2021 application, for which the counsel had sought time and the matter was adjourned. 

Taking note of the same, the court closed the proceedings. 

In an earlier hearing the high court had orally questioned the State for conducting a preliminary inquiry in the case containing allegations of rape, and had orally asked the police why it was not registering an FIR. 

Case Title: X vs State of Gujarat & Ors.

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