Molestation case: Court orders arrest of ex-MoS Health

Srinagar: A local court here on Saturday issued arrest warrant against former Minister of State for Health Shabir Ahmad Khan for alleged sexual assault on a lady doctor here last week.
Khan, a senior Congress leader, resigned Friday, a day after he was booked by police on the complaint by the doctor, alleging that the MLA from Rajouri “acted like a sexual predator” and tried to molest her in his office at winter Secretariat here on January 28.
As Khan continues to evade arrest, police moved a formal application before Chief Judicial Magistrate Srinagar, seeking issuance of arrest warrant against him in terms of Section 25 of Police Act.
“Notice/summon was sent to (Khan) to cause appearance before Station House Officer (Shaheed Gunj police station), but despite receipt of notice, he is evading his presence before investigating officer and is not cooperating with the investigation of the case,” Chief Prosecution Officer, Afaq Ahmad told CJM, Verinder Singh Bahu.
Based on the compliant by the doctor, a case FIR (No. 09/2014) under RPC sections of 354 (assault or criminal force to woman with intent to outrage her modesty) and 509 (word, gesture or act intended to insult the modesty of a woman) was registered by police on February 6.
“Till date no headway, due to the absence of the accused, has been made in the case,” the court observed after going through the case diary.
Issuance of warrant under section 25 of Police Act becomes imperative only in case accused does not cooperate with investigating agency and avoid investigation of the case.
“The reasons stated in the application are genuine, well-founded and make a ground for issuance of warrant of arrest against accused,” the court said.
Accordingly, while allowing the application by police, the court issued warrant of arrest against accused to be executed by SSP Srinagar.
“On (his) arrest, right of bail to the accused and further guidelines indicated in the DK Basu judgment (by Supreme Court) be followed by SSP Srinagar.”
Further, the court directed that the information regarding Khan’s arrest should be furnished to Speaker of J&K Legislative Assembly under rules.
Meanwhile, in another development, the minister through his counsel from Jammu did not present anticipatory bail application before Sessions 1st Additional District and Sessions Judge Subash Chander Gupta.
This was done despite the fact that a copy of bail as part of procedure was already received by the Public Prosecutor. It could not be ascertained as to what prevailed upon his counsel from not presenting the bail.