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The Punjab and Haryana high Court has denied relief to Ex-Punjab MLA and President of Lok Insaaf Party, Simarjeet Singh Bains in a rape case.

An FIR was registered in July last year on a petition under Section 156(3) Cr.P.C. filed by the complainant in case against seven accused persons, namely, Simarjeet Singh Bains, Karamjeet Singh, Baljinder Kaur, Jasbir Kaur, Sukhchain Singh, Paramjit Singh, and Pardeep Kumar @ Gogi Sharma. 

Notably, rape charges were only alleged against Bains.

In April, all the accused were declared proclaimed offenders by the Magistrate concerned. The High Court refused to quash the said order while observing that accused-petitioners did not deserve any indulgence from the court as it was apparent that they seemed to entertain a notion that law is to be flouted at their whims and fancies and is subservient to their cause.

Referring to a note mentioned in the challan submitted in the court, a single judge bench of Justice Lisa Gill noted,

"It is a matter of surprise that the police authorities felt powerless and ineffective in front of the ‘rage’ of the supporters of accused No.1 and so fearful of the law and order situation which they perceived would be created in the wake of said petitioner’s arrest, that the Challan was presented with a request to summon the accused in Court. In the given factual matrix, in my considered opinion, accused-petitioners are not at liberty to take any benefit of the short-comings on the part of the investigating agency/police. Aforesaid is indeed a reflection on the clout which the said accused-petitioner was able to wield on the police authorities, which is further reflected from the fact that even the non-bailable warrants directed to be served through Commissioner of Police remained unexecuted."

Justice Gill found that at each and every step, the Magistrate had recorded the required satisfaction at the time of issuance of bailable warrants, non-bailable warrants as well as proclamation under Section 82 of Cr.P.C.

Referring to the argument on behalf of accused that procedure followed for non-bailable warrants against them was incorrect and that service was not shown, court said,

"....if the court succumbs to such niceties it would amount to affording petitioners the benefit of their own wrong and would make a mockery of the system. In the present case, there is complete absence of any prejudice much less grave prejudice being caused to the petitioner. All the petitioners have avoided the process of law with impunity. It is apparent that petitioners were aware of the presentation of the Challan and issuance of warrants as it is a matter of record that a representation was submitted by the brother of Accused No.1, on the basis of which order dated 26.11.2021 was passed by Deputy Inspector General of Police, Faridkot Range, Faridkot ordering constitution of a fresh SIT even after presentation of the Challan."

In February, the Supreme Court had restrained State of Punjab from arresting Bains for a few days, as the complainant-woman who alleged that she was raped by Bains, had appeared through her lawyer and informed the court that she has filed a writ petition as well.