In a significant growth, the Supreme Court docket of India on Friday granted bail to former Rajasthan MLA Giriraj Singh Malinga, accused of assaulting a Dalit engineer with the state’s energy division. A Bench of Justices MM Sundresh and Aravind Kumar directed the trial courtroom to impose applicable situations for the bail.
Malinga, previously a Congress chief now within the ruling BJP, had surrendered final month following SC’s orders. This got here after Rajasthan Excessive Court docket cancelled his bail.
The SC Bench nonetheless had stored Malinga’s Particular Depart Petition (SLP) pending, scheduling it for additional listening to subsequent to his give up.
In his grievance, Harshadhipati, an engineer with the Rajasthan electrical energy division, had claimed that he was brutally assaulted on March 28, 2022. At the moment, Harshadhipati was posted in Dholpur and Malinga was a sitting Congress MLA from Bari. Malinga was booked beneath numerous sections of the Indian Penal Code and provisions of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.
Malinga was represented within the SC by advocates Ajit Sharma and Aditya Vikram Singh. The courtroom orally noticed that it appears that evidently the complainant can also be a political individual. Rajasthan was represented by Further Advocate Basic Shiv Mangal Sharma and advocates Amog Bansal and Sonali Gaur. Rajasthan opposed the bail request in its counter-affidavit, highlighting the seriousness of the fees. Nonetheless, the state in the end submitted that it will depart the choice to the Supreme Court docket and adjust to its directives.
Malinga’s counsels had additionally stated that he was ‘paraded’ by the involved Superintendent of Police for a mile following his give up.
In his grievance, the engineer claimed that Malinga had entered his workplace along with his associates and struck him with a chair whereas hurling casteist abuses following a disagreement over the removing of some electrical energy transformers from his constituency.
In Might 2022, the Rajasthan Excessive Court docket had granted bail to Malinga on grounds of judicial cooperation. Shortly after, Malinga’s launch was adopted by public celebrations, together with a roadshow the place he allegedly made statements perceived as intimidatory. Subsequently, the complainant sought cancellation of Malinga’s bail, citing issues that his actions post-release appeared to affect public opinion and undermine the justice course of by means of intimidation.
In July 2024, considering the proof and allegations of Malinga’s public conduct post-bail, together with inflammatory remarks and shows of energy, the Rajasthan Excessive Court docket cancelled his bail, directing him to give up inside 30 days.
Malinga then approached the Supreme Court docket, which quickly stayed the Excessive Court docket’s cancellation order, providing him short-term aid. Nonetheless, final month, the SC had directed Malinga to give up.
Within the months following the 2022 assault, Dalit organisations throughout Rajasthan had carried out a sustained marketing campaign towards Malinga, urging the Congress to not give him a ticket. Left hanging by the Congress celebration forward of the 2023 Meeting polls, Malinga, a three-time MLA who was undefeated from the seat since 2008, joined the BJP in November 2023 within the presence of Union Jal Shakti Minister Gajendra Singh Shekhawat. He was then fielded by the BJP from Bari constituency however misplaced to BSP’s Jaswant Singh Gurjar by over 27,000 votes.
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