Court dismisses plea to halt proceedings

Greater Kashmir

Sexual assault on doctor

Srinagar, May 23: A Court here Friday dismissed plea by a complainant lady doctor for staying proceedings in the case against Congress leader and former health minister Shabir Ahmad Khan accused of molesting the doctor in February.
Chief Judicial Magistrate Srinagar, Virender Singh Bhou dismissed the application observing that the Supreme Court order has not stayed the proceedings in the main case pending before the trial court.
“It is explicit that the complainant /victim has challenged the bail order passed by the High Court and even in case SLP is allowed and bail is cancelled, that shall not influence trial before this court,” the court said in its order.
 It said the contention of the counsel for the victim that propriety demands for staying the proceedings in her case, is not sustainable, saying in the absence of any stay order passed and even otherwise having regard to nature of relief claimed before the apex court, even if granted, would not have any impact on the trial of the case.
 The accused, the court said, is a sitting legislator and in the light of the guidelines of the SC, the trial of accused has to be conducted speedily
 Earlier, the victim had sought stay of the proceedings on the ground that an SLP was pending disposal before the Supreme Court. The SLP seeks setting aside the Jammu and Kashmir High Court order granting bail to the accused.
 Khan was booked by police on February 6 this year after the lady doctor lodged a complaint with Police Station Shaheed Gunj Srinagar, accusing Khan of sexually assaulting her in his office at Winter Secretariat here.
A case was registered against him under sections 509 (word, gesture or act intended to insult modesty of a woman) and 354 (assault or criminal force to woman with intent to outrage her modesty) of Ranbir Penal Code.
Meanwhile counsels for the victim, Rafiq Ahmad Joo and Mir Shafaqat Hussain today moved an application before the court, seeking to contest the case independent of the prosecution and the court issued notice to other side to file objections.
  The accused is represented by, Muhammad Abdullah Pandit and Saleem Jahangir and today two more advocates Mushtaq Ahmad Dar and Bilal Ahmad Bhat also filed power of attorney on his behalf.