Srinagar: Supreme Court has directed trial court to proceed in accordance with law in the case involving alleged molestation attempt on a lady doctor by former Congress minister Shabir Ahmad Khan here last year.
“As the chargesheet has been filed, we direct the trial court to proceed in accordance with law,” said a division bench of Justices Dipak Misra and Prafulla C. Pant while declining to set aside orders about bail granted to Khan by the J&K High Court last year.
“Taking into consideration that the investigation is complete and the chargesheet has been filed, we are not inclined to set aside the impugned order, whereby (Khan) has been extended the benefit of Section 497A of J&K CrPC,” the bench said while hearing a Special Leave petition filed by the victim doctor seeking directions to set aside the bail orders.
Khan has been charged 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).
Last year, the CJM had reserved orders on framing of charge or ‘sum and substance of accusations’—as referred in legal parlance. Whether Khan will be put to trial will be known once the verdict is announced.
Pertinently, the case file at Saddar Court here was damaged in the September floods and has been now retrieved and is being dried up.
Khan had resigned as MoS Health on February 7 last year, a day after police registered the case FIR (no. 09/2014) on a complaint by the doctor.
Even as the CJM had issued arrested warrant against him, Khan remained in hiding for six days and appeared before the police only after interim bail was granted by the High Court.
The lady doctor had alleged that Khan “acted like a sexual predator” and tried to molest her in his office at Winter Secretariat here on January 28 last year.
In the recently concluded Assembly election, Khan faced defeat from Rajouri.