As senior lawyer Mukul Rohatgi told the court that Bains was already a two-term member of Punjab assembly and is contesting the ongoing election, CJI Ramana said whether he is two time or three-time MLA does not matter. The case against him for which he has approached the top court is not a new one and relates to Section 376 IPC (Punishment for rape).
The CJI said Punjab & Haryana High Court is seized of the matter but unfortunately it did not pass any order.
Appearing for the complainant, lawyer Gagan Gupta told the court that the matter relates to December 2020 and on several occasions, warrants were issued against Bains including non-bailable but he did not appear. He said that cases have been registered against the complainant, her two children and the old father in four States.
Opposing grant of any relief to Bains, Gupta told the court that the complainant has filed a writ petition and the petition of Bains should be heard along with it.
Taking note of Gupta’s submissions, the court directed the listing of petitions of both complainant and Bains on Wednesday.