Taking strong note of the filing of four FIRs against a woman after she accused Lok Insaf Party MLA Simarjeet Singh Bains of rape, the Supreme Court Thursday stayed the criminal proceedings against her while observing that the state cannot be a party to “misuse of police machinery”. Hearing two separate pleas filed by Bains and the woman who has accused him of rape, a bench comprising Chief Justice N V Ramana and Justices AS Bopanna and Hima Kohli also extended by a week the protection against arrest to the MLA even as it questioned his conduct and sought a report from the Punjab government in the matter. “Have you seen your client's activities?.He is a public representative, MLA for two times, is this the way to behave,” the bench asked Senior Advocate Mukul Rohatgi who appeared for Bains. Rohatgi contended that the cases against his client were false and the cases against the woman have been filed by other people and Bains has no role in them. Moreover, she has been running a job racket for getting people employment in Canada, Rohtagi contended. However, the bench, which perused a plea also filed by the woman, said it wanted to know what the state government had to submit. “How many cases did he file against that lady and now he wants anticipatory bail and he wants the lady to go to jail,” exclaimed the CJI. Turning to Punjab Advocate General D S Patwalia , CJI asked, “what is happening in your state?”. As the court sought to know how cases were booked against the woman in question, Patwalia said the state does not have “much role in the dispute”, which seems to be between two parties. The state's law officer, however, said that as the guardian of the law, the state has a duty to protect it. But the CJI added that the “state cannot be party to such misuse of police machinery”. The court said it is staying all proceedings against the woman for the time being and also gave Bains interim protection from arrest for a week. “We grant one week to Punjab to file a reply. Don't arrest him for a week. We stay all the four cases against the complainant lady,” the bench ordered and directed that the matter be listed after one week. Hearing Bains's appeal on the arrest warrants against him by a Magistrate, the SC had on February 1, restrained the Punjab government from arresting the MLA till February 3. Bains faces arrest in connection with a rape case and also for violating the Covid protocol. The plea has been filed by the leader before the election to seek relief. The case has been going on in the high court where a status report has been filed revealing that as many as 20 cases are pending against the MLA. Simultaneously, the woman has also filed a petition in the apex court seeking relief in criminal cases lodged against her. Bains represents the Atam Nagar assembly seat in the Ludhiana district of Punjab.
