Rajasthan HC cancels FIR against Independent MLA arrested during local body polls

Mr. Jindal
3 Min Read

The Rajasthan High Court on Tuesday cancelled two first information reports registered against Independent MLA from Hanumangarh, Ganesh Raj Bansal, and others in connection with a 23-year-old case involving the issuance of land title leases allegedly based on forged documents.

Mr. Bansal was arrested by CID-CB of Rajasthan police on September 20 ahead of the election for chairperson in the Hanumangarh Municipal Council. As many as 34 Independents backed by Mr. Bansal’s group were elected in the urban local body polls and held a comfortable majority in the House.

Mr. Bansal’s supporters and local traders protested against his arrest, while alleging that the police action against the MLA was an attempt to influence the Municipal Council chairperson election. Manju Rinwa was elected chairperson and Mr. Bansal’s daughter, Sonu Bansal, deputy chairperson of the urban body.

A Judicial Magistrate’s court in Sangaria remanded Mr. Bansal in police custody till September 25, but he was later released on bail by the sessions court. Mr. Bansal, his wife Santosh Bansal and their daughter Vandana Jain moved the High Court seeking cancellation of the two FIRs in the case.

While hearing the petition, the court had on September 23 stayed the arrest and coercive action against the accused. The Single Judge Bench of Justice Ashok Kumar Jain at the High Court’s principal seat on Jodhpur ordered cancellation of FIRs on Tuesday, while accepting the contention that there was an “inordinate delay” in the registration of criminal case.

The petitioners argued that the FIRs, registered on September 18 in connection with an offence alleged to have been committed in October 2003, was not only delayed but was also influenced by “political circumstances”. They were accused of issuing title leases for the government-owned lands.

The Bharatiya Janata Party government in the State launched similar action and registered cases against several municipal councillors and candidates for urban body heads during the polls. The High Court constituted special benches and held hearings till late night to consider urgent petitions seeking protection from arrest for the councillors.

The High Court also issued directives to ensure safe arrival of Congress and Congress-backed councillors in various urban bodies for casting their votes. Several councillors and candidates had approached the High Court, apprehending arrest in cases registered shortly before the elections.

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