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| Nationalism a tool to evade arrest | | Molestation charge against Khan | | Neha
JAMMU, Feb 11: Fearing arrest on molestation charge, former Minister of State and Congress MLA from Rajouri Shabir Khan has sought bail so that he could take part in the ongoing session of the Jammu & Kashmir Legislature in Jammu. His plea was that he is a "nationalist" and he cannot commit such a heinous crime. He has submitted before the Bench of Justice Janak Raj Kotwal at Srinagar that he never "succumbed to politics of separatists" and has always championed the cause of Indian nationalism. His counsel told Justice Janak Raj Kotwal on Monday that his client was apprehending arrest by Police Station Shaheed Gunj in a "false and frivolous case" and that the "petitioner never committed any crime nor has he the knowledge pf the same".
Justice Kotwal has asked the Jammu & Kashmir Government to file objections moved by Shabir Khan through his counsel and listed the case for further hearing on Wednesday. Meanwhile, the Speaker of the Assembly, Mubarak Gul, has given permission for the arrest of Shabir Khan, saying the police should act as per the law. "Police had come with a warrant (for arrest of Shabir Khan). I told them (police) you go according to law. I have given them permission to arrest the MLA," Speaker Mubarak Gul told reporters on Monday, the opening day of the budget session of the Assembly. "The DySP and SHO of the area (Shaheed Gunj police station in Srinagar district under whose operational area the alleged crime took place), had come to me with the warrant, " he said, and added that they "delivered a copy of the warrant in my office and sought written permission.
It is mandatory for police to inform the Speaker with regard to the arrest of any member", he was also quoted as saying. It bears recalling that Shabir Khan resigned on February 7, a day after he was booked by the police on a complaint filed by a lady doctor, alleging that he made an attempt to molest her in his office in Srinagar, when the former MoS Health was there as part of his duty in the winter capital. He submitted his resignation to Chief Minister Omar Abdullah, who forwarded the same to Governor N N Vohra. The resignation was accepted by him the same day.
It is difficult to say if Shabir Khan would be granted bail or not as the case is high profile and the entire opposition comprising the PDP, BJP, JKNPP and the CPI-M - apart from all the separatists, without any exception - want a stringent action against the accused. Not just this, the fraternity of doctors and medical students across the state too have upped the ante and demanded a stringent action against the former MoS, saying he committed a serious crime. It is obvious that all these factors would play an important role. Congress MP Lal Singh and some Rajouri-based Congress leaders perhaps are the only elements who have openly supported Shabir Khan and dismissed the alleged molestation charge as a conspiracy.
In any case, the High Court Judge would take all the aspects and the relevant evidence into consideration while disposing of the bail application. However, what has surprised everyone is the plea of the accused that he is a nationalist and this fact should be taken into consideration while deciding his bail application. He is free to advance any plea, but it would have been better had he refrained from using nationalism as a tool in his bid to get bail. For, despite the fact that all Indians are nationalists, crimes have been taking place across the country. If one goes by the argument that he advanced to secure bail, then the law of the land would become irrelevant and the criminals would misuse the situation and commit more crimes and go scot-free. Nationalism is a pious doctrine and it should be treated as such. |
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