The trial court of Ludhiana had issued an order declaring him a fugitive on 12 April. Bains has sought quashing of the order in the petition as well as handing over the investigation of the case to the CBI.
In Punjab, former MLA Simarjit Singh Bains, while filing a petition in the Punjab-Haryana High Court, has challenged the April 12 order of the trial court of Ludhiana declaring him a fugitive. In the petition, along with quashing the order, there is a demand to hand over the investigation of the case to the CBI. The petition filed in the High Court will be heard on May 19.
While filing the petition, Bains told the High Court that an FIR was registered against him for rape. This FIR is the result of political rivalry. In this case, he got bail from the Supreme Court. In the meantime, he came to know that the trial court of Ludhiana had declared him a fugitive in this case.
The petitioner said that when he has got bail from the Supreme Court, then how can he be declared a fugitive. It also said that a fugitive is declared when the court feels that the person is trying to evade the legal process. In this case he is exercising his judicial powers.
Along with this, the prescribed procedure for declaring a fugitive was not followed. The notice was not pasted outside his house which is necessary to declare him a fugitive. He is contesting the assembly elections so how can he be declared a fugitive. This petition has been filed in the High Court registry and it will be heard on May 19.