NEW DELHI/RELIEF TO ANOTHER PUNJAB LEADER SC TO PUNJAB GOVT. NOT TO ARREST BAINS IN RAPE CASE FOR THE TIME BEING

          NEW DELHI/ From Our Bureau

The Supreme Court on Tuesday protected Punjab’s Lok Insaaf Party leader Simarjeet Singh Bains from arrest in an alleged rape case “for the time being” so that he could contest and campaign in the ongoing elections to the State assembly in the polling taking  place on February 20.

Protecting Bains from arrest, Chief Justice of India N.V. Ramana, heading a bench also comprising Justices A.S. Bopanna and Ms Hima Kohli, said: “We restrain the State Government and direct them not to arrest the petitioner (Bains) for the time being.”

A similar order was passed by the same Bench giving protection to Akali Dal leader Majithia to contest the elections and then surrender before the trial court.

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.