BJP files FIR after a minister established physical relationship based on a marriage vow
The petitioner claims that the MLA approached her in the sachivalaya under the guise of "party work", HC expected to hear the case today
The Gujarat High Court is set to hear a petition filed by a BJP women's wing leader on Tuesday, seeking the registration of a FIR against a former MLA who is now a minister in the Gujarat government for allegedly having a physical relationship with her on the promise of marriage and then spurning her because she is a Dalit.
The petitioner claims that the MLA approached her in the sachivalaya under the guise of "party work," took her phone number, and invited her to visit him in the MLA quarters in Gandhinagar in 2020.
According to the woman's appeal before the DGP, dated October 20, 2021, when she met the MLA in 2020 at the Sachivalaya, he requested for her phone number, and "being from the same party, I gave my number without any hesitation."
"For two months, we stayed in telephonic contact, talking late night over WhatsApp calls and messages. One day he said he would take me as his wife and asked me to think about it and let him know. I told him that we should meet each other and decide on the same, after which he asked me to meet in person," the application said.
The MLA, who was inaugurated as a minister in September 2021, allegedly invited her to see him at his MLA quarters, according to the complainant. "He spoke politely and expressed his admiration for my volunteer work in the community... 'I'm willing to accept you as my wife...' "I questioned if he could accept me because I am from a Scheduled Caste and he is a Thakor Darbar... he replied he was willing to accept me and leave his wife," she wrote in her appeal to the DGP, adding that they began dating in July 2020.
According to the woman, the MLA did not contact her for the following two to three months, and when she contacted, he allegedly broke up with her, citing his position in the party and government, as well as their distinct castes. A minister's aide also threatened to run her over and make it look like an accident if she did not keep quiet about the event, according to the woman.
The woman claimed that she applied for a FIR in writing to the DGP's office in February 2021, and then again in October 2021 to a number of police officers, including the Inspector General of Police Gandhinagar range, Gandhinagar Superintendent of Police, and Sector 21 police station, because the alleged crime took place at the MLA quarters in Gandhinagar. However, no formal complaint was filed.
According to counsel Hiren Sharma, the woman went to the Gujarat High Court in November 2021, asking for the court's help in getting a FIR filed in accordance with the Supreme Court's Lalita Kumari decision, as well as police protection.
The Gujarat High Court ordered the extra public prosecutor to provide a report on the next hearing date in December 2021, "in view of the representation made to the higher authority for registration of the FIR".
Because the case is still before the supreme court, the minister declined to comment. On Tuesday, the matter will be heard in the court of Justice Vipul Pancholi.