HC refuses to quash trial proceedings against ex BSP MP in 2021 case of self-immolation by woman, her friend

Lucknow, Dec 10 (PTI) The Allahabad High Court on Tuesday dismissed a plea by former BSP MP Atul Rai seeking quashing of trial proceedings against him in the 2021 case of self-immolation by a woman and her friend before the Supreme Court premises.

Justice Rajesh Singh Chauhan of the Lucknow bench also directed the special MP-MLA court to expedite the trial proceedings and conclude it without granting unnecessary adjournments.

“From the material available on record, I am not convinced that there would be manifest injustice or there would be abuse of the process of the court if such power is not exercised in this case,” the judge said.

The woman had filed an FIR against Atul Rai alias Atul Singh accusing him of rape. She had also accused him of harassing and victimising her and her friend and alleged that senior police officers were colluding with the accused. The duo committed suicide in front of the gate of the Supreme Court on August 16, 2021, and livestreamed the act on Facebook.

Rai had pleaded that he had been acquitted in the rape case so no case against him was made of inciting the complainant and her friend to commit suicide.

It was also said that the incident took place in Delhi in front of the Supreme Court, hence Lucknow Police did not have the jurisdiction to investigate the case and neither can the trial be conducted in the local court of Lucknow.

Rejecting both arguments of the petitioner, the judge said that whatever arguments have been put forward by the petitioner’s counsel regarding inciting the girl and her companion to commit suicide are a matter of consideration before the trial court and the high court cannot evaluate the truth of the allegations and the evidence at this stage.

Declining to grant any relief to Rai, Justice Chauhan observed, “ So far as the question of territorial jurisdiction is concerned, on the basis of material available on record, I am of the opinion that part cause of action accrued in the territorial jurisdiction at Lucknow as the victim and her friend had visited the house of co-accused Amitabh Thakur in Lucknow with regard to earlier FIR lodged against the applicant Atul Rai.

"She had given their live statements on Facebook and before setting herself ablaze in front of the Supreme Court, New Delhi.

"The victim had stated that there was a conspiracy between the present applicant Atul Rai and co-accused Amitabh Thakur and had expressed apprehension that witnesses were being threatened, she was being instigated to commit suicide and vital pieces of evidence were being destroyed by the accused persons,” the court said.

The court said that the victim herself had live-streamed the incident on Facebook and accused Atul Rai and former IPS Amitabh Thakur of harassing her.

The victim had also gone to meet Thakur in Lucknow. Therefore, some part of the incident was committed in Lucknow and in such a situation there is no fault in conducting the trial in the MP-MLA court of Lucknow, the court said.

Earlier, Additional Advocate General VK Shahi had strongly opposed the petition and said that Atul Rai and former IPS officer Amitabh Thakur are accused of instigating the woman and her friend to commit suicide. PTI CORR ABN ABN RT RT