Cops face court's flak for not arresting BJP MLA

A city court today pulled up the Delhi Police for not arresting in the first place a BJP MLA for allegedly making casteist remark at a party worker fearing breach of law and order and then opposing his bail after he was sent in judicial custody on court's order.
Additional Sessions Judge Kamini Lau pulled up the probe agency for not arresting Kulwant Rana, MLA from Rithala constituency, who had been charge sheeted under the Scheduled Castes and Schedules Tribes (Prevention of Atrocities Act).
The court was anguished that the police had failed to arrest Rana who was sent to judicial custody only after he surrendered before it on April 22.

The judge also noted that the police had not arrested him even though the charge sheet was filed against him.
"The Investigating Officer of the case has on the one hand filed the charge sheet against accused without arresting him on the pretext that there could be law and order problem and on the other hand after the court has taken accused into custody, he is opposing his grant of bail. This conduct of the IO is self contradictory," the ASJ said.
"In case the custody of the accused was necessary, why then did he not proceed to arrest him?" the judge added, asking the IO to justify the apprehension entertained by him.

A case against Rana was lodged on a complaint by 53-year-old Karan Singh who is a member of BJP's Kisaan Morcha and also a property dealer.

The issue came up during argument on Rana's bail plea today when the court sought to know why the police went on to file a charge sheet in the case without arresting him.
To this, the IO said "being a public representative, his arrest may have caused resentment among his supporters and there was a strong possibility of law and order problem consequent to his arrest."
The court said "any apprehension by a public servant/ IO regarding breach of law and order has to be on the basis of some cogent material. I am sure the IO would have shared this material with his senior officers and the decision not to arrest the accused would have been taken after resonably assessing such material.