Lok Insaaf Party (LIP) president and MLA from Atam Nagar Simarjit Singh Bains, who was recently charged with attempt to murder in the 2009 case of assault on a Tehsildar, did not get relief from Punjab and Haryana High Court as his plea for transfer of the case to a CBI Court from the Court of Ludhiana Additional Sessions Judge was dismissed by the Punjab and Haryana High Court.
Bains had moved the High Court seeking transfer of the case and quashing of the June 7 order passed by the lower court in Ludhiana by which he was charged under relevant sections of IPC and the Arms Act for attacking the then Tehsildar Major Gurjinder Singh Benipal, along with his supporters in June 2009. An SIT constituted by the police had found Bains guilty and a chargesheet was filed against him and eight others in September 2009.
A second SIT constituted under a different Superintendent of Police later exonerated Bains in the case. However, Benipal approached the High Court against the constitution of the new SIT. A High Court bench while rejecting the second SIT report in 2012 had said the SIT is not legally permissible and “should not be taken into account for any purpose whatsoever.” After Bains moved the Supreme Court against the High Court judgment, the apex court in 2014 directed CBI to conduct the investigation into the case. CBI after investigating the case submitted a report to the lower court following which it framed the charges against the accused on June 7 this year.
The counsel for Bains, R S Rai before the High Court argued that the CBI should have submitted the report to a CBI court instead of the Sessions court, “on the ground that direction has been issued by the Supreme Court to submit the report by the CBI to the jurisdictional Court and for the CBI the jurisdictional Court would be the CBI Court.”
Stating there is hardly any reason for the Court into the case, Justice Rakesh Kumar Jain while dismissing the plea said there is no force in the submission because the challan in the case has already been presented before the Court of Additional Sessions Judge in 2009.