Hi,
Situation:
1)a country's Prime minister and another minister is not in the parliament due to official tour to some place and watchman of parliament does not/is not entitled to have record of prime minister nor any MP's where abouts (watchman job doesn't require to have this info), where he/she is working and when anyone asks the watchman where they are his answer is known to all.
Now if there is a criminal complaint received by police to investigate and report to court and police asks the watchman where is prime minister or other MP who are accused A1 and A2 its natural watchman does not know. NOw police investigation officer does not reachout to any rightful person who holds details of whereabouts and contacts and just to (say)extort the prime minister/MP, file chargesheet to court as 'Absonding' and ask for NBW:).
Query:
1) how acceptable is this chargesheet?
2)Does the court blindly issue NBW? or what procedure will magistrate follow before issueing such a stupid orders (if they do)?
3)Does prime minister has to take anticipatory bail or bail, go to quash for HC and all this procedure?
4) Do they have special procedure to get out of this which is not applicable for common citizens in same situation?
5) What action can be taken on IO and magistrate for their act using their powers? What is the procedure to take this action by the minister or a common citizen in same situation?
Thanks
Raj
