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Order reserved on examination of former Cong minister

SYED BASHARAT. Dated: 5/27/2014 11:05:09 AM

SRINAGAR, May 26: The Chief Judicial Magistrate (CJM) Srinagar today reserved his orders whether to charge or discharge Shabir Khan, former Congress minister accused in a case of outraging modesty of a female doctor.
As the matter came up for hearing, the defense lawyers pleaded that offences are not made out against Khan keeping in view the content of the application filed by the complainant and the statements recorded under section 161 CrPC. The defense lawyers prayed that Khan be discharged from the offences mentioned in the complaint against him.
The prosecution and the counsel for complainant lady doctor, however, objected to the plea made by the defense lawyers arguing that enough of the material is available against Khan and offences are carved out against him. They prayed that substance of the accusation (section 509 and 354 CrPC) be put to the accused former minister.
The court later reserved its orders under section 242 CrPC till June 2. According to Iftikhar Hussian, the public prosecutor, if the court puts substance of the accusation to Khan and he pleads to be not guilty, the prosecution will have to adduce the evidence against him in next hearings.
On May 23, the same court had rejected an application seeking stay on proceedings in a case against Khan. The court had found the application not maintainable under law.
In her application, the complainant doctor had prayed before the subordinate court to stay proceedings till the Supreme Court of India decides an appeal filed by her against the bail order issued by the Jammu and Kashmir High Court in favour of accused Khan.
On April 3, the CJM Srinagar had issued notices to Deputy Inspector General (DIG) of Jammu and Rajouri-Poonch to cause appearance of Khan, after police filed charge sheet against him for his alleged involvement in outraging modesty of the female doctor.
The two separate notices were issued by V S Bhau the CJM Srinagar after perusing and accepting the charge sheet which has been filed against Khan under section 509 (showing any gesture, word, or action in order to outrage modesty of a woman) and 354 (using criminal force to outrage the modesty of woman) of RPC.
A day after the High Court granted relief to him, on February 13, 2014 Khan had appeared before police station Shaheed Ganj here. The High Court had asked the police to release Khan on a personal surety bond once he presents himself before the police. Khan furnished a personal bond of Rs 25,000 after the high court yesterday said if police arrest him, he should be bailed out after furnishing a personal bond.
On February 8, the, the CJM Srinagar had issued a non bail able arrest warrant against Khan, former minister of state for health after being accused of molesting a lady doctor. Police station Shaheed Gunj had registered FIR against Khan bearing number 9 of 2014 under sections 354/509 RPC in the matter.
The CJM had heard the prosecution as well as the SHO concerned and perused the case dairy of the matter. “…Till date no headway due to the absence of the accused has been made in the case. Issuance of warrant U/S 25 of police Act becomes imperative only in case accused does not cooperate with investigating agency and avoid investigation of the case,” read the order passed by the CJM Srinagar V S Bhau.
Before appearing in the police station here Khan had told reporters at Srinagar circuit house that he is innocent and would follow the orders of the Jammu and Kashmir High Court and cooperate with the investigation. He had also termed the allegations leveled against him baseless and said that he is expecting justice from the Court.
“My political image has been spoiled. I was not absconding but in touch with media. Who told you I was hiding but was in touch with media and my statements appeared in a section of newspapers. I talked to some media men on telephone and was not at large,” Khan had said. The senior Congress leader had observed that bail is the right of every citizen and soon after securing it he is presenting himself before the police.
When asked why he resigned if he pleads not guilty, Khan said that he resigned on the instructions of party so that there will be a free and fair probe into the allegations leveled against him.
When Khan was asked that why he took so much time in presenting himself before the police, he said that every citizen has a right to move a bail application and he did the same. A Srinagar doctor had alleged that Khan attempted to sexually assault her when she met him at his office in civil secretariat on January 28 this year.