Legal experts say police can take action as nature of charge is serious.
Will Asaram Bapu be arrested in the case in which a former sadhak was fired at by two assailants on Saturday night? This is the question doing rounds after the case of Raju Chandak being shot at came to light. Chandak was allegedly facing threats from aides of Asaram prior to the incident.
It should be noted that though few sadhaks were arrested and the ashram itself came under cloud after the mysterious death of two boys of the gurukul, Asaram himself was not touched by the Gujarat police. Asaram Bapu has been accused by Chandak of being the brain behind the firing incident that happened in the Sabarmati area.
The FIR lodged by Chandak names Asaram and two others for attempt to murder. As per the rules, police are required to immediately act against a person if he is named in an FIR and faces charges as serious as attempt to murder.
DNA sought legal opinions on the matter.
“As per the orders of various high courts and the Supreme Court, the police should immediately take action against any person who is named in a police complaint. In the present case, Chandak has clearly named Asaram and it is reason enough for the police to take action against him,” said lawyer Rajesh Modi, of sessions court.
However, another lawyer said that the police should nab the main accused first and then look for the conspirator. “The police should first trace the main accused who fired at Chandak and then take action against Asaram Bapu. It is a general principle of law that police should nab the main accused and if he or she names a conspirator, then the police can take against the conspirator,” said PA Jadeja, lawyer of Gujarat high court.
Another city lawyer expressed views similar to Jadeja’s. “Until and unless the accused are identified and arrested, the police cannot approach a person who is alleged to have been involved in an offence. This is the case even if the person has been named by the victim. The police should first identify the assailant,” said Hashim Qureshi, lawyer of Gujarat high court.
“In the present case, if the police think it is the prima facie case they can arrest Bapu,” opined RK Shah, a HC lawyer.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}