Custodial interrogation of MLA a must: Punjab court


Chandigarh, Sep 18 (IANS): A sessions court in Punjab on Wednesday refused relief to Lok Insaaf Party legislator Simarjit Singh Bains in the Deputy Commissioner altercation case, terming his behaviour "irresponsible, threatening and intimidating".

Rejecting the MLA's anticipatory bail application, District and Sessions Judge Ramesh Kumari, who is based in Gurdaspur town, found the accused custodial investigation necessary for establishing the truth.

"Keeping the facts and totality of circumstances and irresponsible attitude exhibited by the applicant or accused during his altercation with head of the District Administrator, which is allegedly threatening and intimidating, he is not entitled for the benefit of discretionary relief of pre-arrest bail," the judge observed.

Referring to 12 first information reports (FIRs) already registered against the accused, the judge termed Bains a habitual offender.

"This means that the applicant is in the habit of intimidating, threatening, obstructing the government officials or officers and in spite of being booked time and again, he failed to mend his behaviour," the judge said.

"Being a representative of public and elected member of state legislative assembly does not give any licence to the applicant to misbehave with government servant," he said, while rejecting the MLA's charge of political vendetta behind the registration of the FIR by the district administration.

Reprimanding the MLA for treating the bureaucrat badly and shabbily, the court ruled that in such a situation "the head of administration will not be in a position to function independently, fearlessly and smoothly especially when the district administration was dealing with tragedy of great scale in which 24 human lives were lost."

The case relates to a September 5 incident, when Bains, along with his supporters, engaged in a verbal spat with Gurdaspur Deputy Commissioner Vipul Ujwal, threatening and intimidating the latter at his office.

  

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