A BSP MLA and his brother, accused in a rape case of Nepali circus girls, failed to appear before a court here due to "negligence" in duties by police in executing arrest warrants against them.

Mohd Alimand, an MLA from Bulandshahar constituency, and his brother Mohd Yunus, who were to appear before the court of additional chief judicial magistrate Vikas Goel yesterday, did not turn up in the court.

The judge expressed dissatisfaction over the negligence in duties by police personnel in executing the warrants against two brothers and asked the Bulandshahr SSP to ensure that the accused were produced before the court on August 30.

According to the prosecution, on June 5, 2003, police had freed 48 Nepali girls from a circus and charged its owners Alim and Yunus of illegal confinement of the girls.

Some of the girls had also accused the duo of sexual assault and medical examination of two of them had confirmed rape.