early times report
Srinagar, Feb 18: Jammu and Kashmir High Court today allowed an application filed by former Minister of State for Health Shabir Ahmad Khan, seeking anticipatory bail in an alleged case of molestation attempt on a lady doctor here last month.
Disposing of the application, a single bench of the court comprising Justice Janak Raj Kotwal also lifted an embargo on Khan not to leave the jurisdiction of State of Jammu and Kashmir.
However, the asked court Khan, a senior Congress leader, to extend full cooperation to the investigation agency in connection with the case.
"The court also asked him to inform the Investigating Officer about his movement," Additional Advocate General R A Khan told Early Times.
Passing interim order on the anticipatory bail application last week, the court had directed Khan to seek permission from the Investigation Officer on leaving the territorial jurisdiction of police district Srinagar. However, the court had asked Shabir Ahmad Khan, an MLA from Rajouri, not to leave territorial jurisdiction of Jammu and Kashmir till February 18.
Last week the court had reserved orders after hearing senior advocate B S Slathia, representing Khan, senior advocate B A Bashir for the complainant doctor and Additional Advocate General R A Khan for the state. While B S Slathia and B A Bashir argued in support of their clients, the state objected to the anticipatory bail, saying that the former minister's arrest was imperative as the allegations levelled against him are "very serious" and that the police needs him for custodial interrogation.
In his arguments advocate B S Slathia pleaded for anticipatory bail for his client saying he was willing to cooperate with the investigations as the allegation against him was false and frivolous.
"He stepped down the moment he heard in press about allegations levelled against him by the doctor to pave way for fair investigation," he said.
Advocate Slathia also questioned delay in filing the FIR, saying that the incident alleged to have taken place happened on January 28 while the FIR was lodged on February 6.
However, advocate B A Bashir countered him by saying Khan tendered resignation under pressure from party high command in New Delhi.
"In case of Justice (retd) Ganguly (former Supreme Court Judge), the case was registered after one year and that too on a facebook post wherein the intern had alleged sexual assault on her by the judge."
The Chief Judicial Magistrate Srinagar Verinder Singh Bahu had 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 the 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.
Khan had appeared before the IO and after about an hour investigation, he was released on bail and later allowed to join assembly.
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