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| Khan seeks bail, Court seeks objections from Govt | | |
Mustansir
SRINAGAR, Feb 10: The J&K High Court today issued notice to police on a bail application moved by former Minister of Health Shabir Ahmad Khan, seeking bail in the sexual assault case filed against him by cops following a complaint by a lady doctor here. Senior advocate B S Slathia submitted the bail application on behalf of Khan, a senior leader of Congress, before the Srinagar wing of High Court and it was heard by a single bench of Justice Janak Raj Kotwal.
After hearings on his bill application, the court directed Station House Officer Shaheedgunj to file objections and directed to list the case for further consideration on Wednesday. The court also disallowed the request by his advocate to allow him join the proceedings of Budget Session of the state legislature.
Confirming this to Early Times Advocate B S Slathia said that government advocate was made available after many efforts as there was strike and curfew restrictions in Srinagar. He said the bail application was filed by his junior Advocate Nitin Gupta.
Khan, an MLA from Rajouri, had moved an anticipatory bail application before 1st Additional District and Sessions Judge Subash Chander Gupta on Saturday. However, Khan, who resigned from the state council of ministers on February 7, had not presented the bail application before the court despite the fact that a copy of same was received by Public Prosecutor as per the procedure.
In his bail application moved before the High Court, the former minister alleged that he faced harassment due to intervention of some unknown persons and "Hon'ble court returned the same." "Being a political activist, the petitioner participated in three round table conferences at New Delhi and Srinagar and was thereafter nominated as member of first working group of Confidence Building Measures across different sections of the society and was elected to Legislative Assembly in 2008 from Rajouri," he said, maintaining that he is a respectable person and deserves to be granted bail. He said the allegations levelled against him were false and frivolous, aimed to tarnish his public image.
The legislators also questioned delay in filing the FIR against by the lady doctor to substantiate his claims. Chief Judicial Magistrate Srinagar Verinder Singh Bahu on Saturday issued the arrested warrant against Khan in terms of section 25 of Police Act on the grounds that his arrest has become imperative for concluding the investigation in FIR 09/2014 under provisions of Sections 354 and 509 of the RPC. Section 509 pertains to "a word, gesture or act intended to insult the modesty of a woman", and if proved the guilty can be imprisoned for a term which may extend to one year.
Whereas, Section 354 pertains to assault or use of criminal force against a woman with intent to outrage her modesty. Under this section, the guilty can be punished with imprisonment for a term which may extend to two years. |
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