Fayaz Bukhari
SRINAGAR, Feb 8: Chief Judicial Magistrate, Srinagar today issued an arrest warrant against former Minister of State for Health, Shabir Ahmad Khan, in connection with a sexual assault on a lady doctor.
Chief Judicial Magistrate, Srinagar, Virender Singh Bahu, issued the arrest warrant against Khan, an MLA from Rajouri, following an application moved by police before the Magistrate.
The CJM has directed that the information of the arrest of the accused be sent to the Speaker of the Jammu and Kashmir Assembly under rules. Police this evening intimated the Speaker of the Assembly about Khan’s possible arrest.
While issuing arrest warrant against the former Minister, the CJM’s order reads: “A warrant of arrest is issued against accused and same be got executed by SSP Srinagar. On arrest of the accused, right of bail to the accused and further guidelines indicated in DK Basu’s judgement be followed by SSP Srinagar.”
The court order said: “Issuance of arrest warrant under Section 25 of Police Act becomes imperative only in case accused does not cooperate with the investigation agency and avoid investigation of the case. The reasons stated in the application are genuine and well founded and make a ground for issuance of warrant of arrest against the accused.”
The arrest warrant was issued after the former Minister failed to respond to the SHO’s summon and is evading arrest. “Notice/summon was sent to the accused to cause appearance before the SHO concerned, but despite receipt of notice he is evading his presence before the investigating officer and is not cooperating with the investigation of the case”, the CJM’s order reads.
The order says that the Station House Officer, Shaheed Gunj Police Station has sought issuance of arrest warrant against the former Minister in terms of Section 25 of Police Act on the grounds that his arrest has become imperative for concluding the investigations.
The Court observed that there has been no headway in the case due to the absence of the accused. “Heard Ld. CPO as well as SHO concerned and gone through the case dairy file. Case FIR No 09 of 2014 under Section 354, 509 RPC stands registered against the accused on 06-02-2014 and till date no headway due to absence of the accused has been made in the case”, the order reads.
Police this week registered a case against Khan after a lady doctor, wife of a separatist leader, alleged the Minister had called her to his office in the Civil Secretariat last month and attempted to molest her.
Khan resigned yesterday and moved an application for anticipatory bail in the Jammu wing of the Jammu and Kashmir High Court but it was rejected.
Sources said a police team had been constituted to arrest the former Minister and the team has left for Jammu.
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