Categories: LAW AND ORDER

Allahabad High Court Dismisses Ex-BSP MP Atul Rai’s Plea in 2021 Self-Immolation Case

Keywords: Atul Rai, self-immolation case, Allahabad High Court, MP-MLA court, Amitabh Thakur, rape allegation, Facebook livestream, territorial jurisdiction, Lucknow trial, legal proceedings.

Introduction
In a significant development, the Allahabad High Court, on Tuesday, dismissed the plea filed by former Bahujan Samaj Party (BSP) MP Atul Rai, seeking the quashing of trial proceedings against him in the 2021 self-immolation case involving a rape complainant and her friend. The Lucknow bench of the High Court, led by Justice Rajesh Singh Chauhan, further directed the Special MP-MLA Court to expedite the trial without granting unnecessary adjournments.

Background of the Case
The case traces back to August 16, 2021, when a woman, who had accused Atul Rai of rape, and her friend committed self-immolation outside the Supreme Court premises in New Delhi. The incident was livestreamed on Facebook, wherein the victim alleged harassment and victimization by Rai, collusion of senior police officers with the accused, and threats to destroy evidence.

The woman had previously filed an FIR accusing Rai of sexual assault. She and her companion reportedly expressed apprehensions of being pressured to commit suicide due to a conspiracy involving Rai and others.

Court’s Observations and Ruling
Rejecting the plea, Justice Chauhan ruled that there was no “manifest injustice” or “abuse of the process of the court” warranting the quashing of proceedings at this stage.

  1. Territorial Jurisdiction:
    The petitioner argued that the self-immolation occurred in New Delhi, thereby rendering the investigation by Lucknow Police and subsequent trial in Lucknow invalid. The court dismissed this contention, citing that part of the cause of action arose in Lucknow.
    The judge noted that the victim had visited the residence of co-accused Amitabh Thakur, a former IPS officer, in Lucknow regarding the earlier FIR against Rai. Additionally, her Facebook livestream and allegations of conspiracy established a link to Lucknow.
  2. Acquittal in the Rape Case:
    Rai contended that his acquittal in the rape case nullified the basis of the charges in the self-immolation case. However, the court emphasized that the trial court alone has the authority to evaluate the veracity of the allegations and evidence.

Justice Chauhan stated, “The victim had clearly expressed apprehensions that she was being harassed, witnesses were being threatened, and vital evidence was being destroyed.” The court held that these allegations required thorough examination during trial proceedings.

Role of the Co-Accused
The court underscored the role of former IPS officer Amitabh Thakur, who was accused alongside Rai. The victim, in her livestream, had implicated both Rai and Thakur in a conspiracy to drive her and her friend to take the extreme step. The allegations included instigation to commit suicide and tampering with crucial evidence.

Implications of the Judgment
The dismissal of the plea underscores the judiciary’s commitment to ensuring a fair trial, even in cases involving high-profile individuals. By directing the Special MP-MLA Court to expedite proceedings, the High Court has sought to prevent undue delays in delivering justice.

Conclusion
The Allahabad High Court’s decision marks a crucial step in addressing the tragic case of self-immolation that highlighted issues of harassment, judicial delays, and systemic failures. The focus now shifts to the Special MP-MLA Court in Lucknow, where the trial will proceed to ascertain the culpability of the accused.

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Ashutosh Dubey

legal journalist,Public Affair Advisor AND Founding Editor - kanishksocialmedia-BROADCASTING MEDIA PRODUCTION COMPANY,LEGAL PUBLISHER

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