Former Jammu And Kashmir Minister To Face Trial In Sexual Harassment Case
Judgement Given On : 23/04/2015
Introduction
In a significant development, former Jammu and Kashmir minister Shabir Ahmad Khan is set to face trial in a sexual harassment case filed against him by a woman doctor. The Chief Judicial Magistrate of Srinagar ruled that there was sufficient material on record to proceed with the trial. The case revolves around allegations that Khan, who was the then Minister of State for Health, acted inappropriately towards the woman doctor. The court’s decision allows for the trial to move forward, holding Khan accountable for the charges.
Details of the Case
The woman doctor lodged a complaint against Shabir Ahmad Khan, accusing him of acting as a “sexual predator” and attempting to molest her in his office at the Winter Secretariat in Srinagar. The alleged incident occurred on January 28 of the previous year. In her statement, the victim detailed her claims, which fall under Sections 354 and 509 of the Ranbir Penal Code (RPC). Section 354 deals with the offence of assault or criminal force to a woman with the intent to outrage her modesty, while Section 509 pertains to the use of words or gestures intended to insult the modesty of a woman.
The court, after considering the material presented, found that there was enough evidence to support the charges and to proceed with a trial. Khan has maintained his innocence and pleaded not guilty to the allegations.
If convicted, Khan, who is a former Member of the Legislative Assembly (MLA) from Rajouri, could face imprisonment for up to five years under Section 354 RPC and up to three years under Section 509 RPC, along with fines.
Court’s Ruling and Observations
The Chief Judicial Magistrate underscored that the concluding lines of the victim’s statement explicitly pointed to allegations that fell within the scope of Sections 354 and 509 RPC.
The court emphasized its role in considering whether the offences alleged are prima facie disclosed and whether there are grounds for framing charges. It clarified that it does not conduct a mini-trial and cannot prematurely presume the outcome of the trial at the stage of framing charges. In this case, the court determined that there was ample evidence to suggest that the accused had committed the alleged offences.
Additional Information
Shabir Ahmad Khan had resigned as the Minister of State for Health on February 7, 2014, a day after the police registered the case based on the doctor’s complaint. He evaded arrest for six days and only appeared before investigators after the High Court granted him conditional interim bail in the case.
The court also rejected Khan’s application, which had sought a gag order on media reporting the proceedings of the case. This means that the media will continue to be able to report on the trial and related developments.
Conclusion
The ruling by the Chief Judicial Magistrate of Srinagar paves the way for the trial of Shabir Ahmad Khan in the sexual harassment case. The decision reinforces the importance of a fair and thorough legal process to investigate allegations of sexual harassment, with the court finding that there was sufficient material to support the charges against the former minister. As the trial proceeds, it will be closely watched by the public and the media.