The High Court of Karnataka on Thursday permitted the Special Investigation Team (SIT) to submit the final report before the competent magistrate on the probe conducted into the complaint by a woman in the sex CD scandal, alleging that former Minister Ramesh Jarkiholi had raped her when she had approached him for a government job when he was a Cabinet Minister.
A Division Bench comprising Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj passed the interim order while disposing of an application filed by the SIT seeking court’s permission to file the final report, prepared by the investigation officer (IO), before the competent magistrate.
“We are of the prima facie view that once the probe is completed in crime number 30/2021 of Cubbon Park police station, and the investigation report of the IO is accepted and approved by the head of the SIT, there is no reason for us to restrain the SIT from submitting it before the competent magistrate,” the Bench observed.
However, the Bench made it clear that all the questions, including the question of competence and jurisdiction of the investigation agency and the IO to conduct the investigation, would be open to be raised before the competent magistrate.
As the petitions, filed by the woman and others, have questioned the legality of setting up of SIT, the Bench said that it would consider the validity of SIT while adjourning further hearing till March 9.
Report perused
The Bench also perused the investigation report, submitted by the SIT in a sealed cover. The Bench also noted that the probe in another case registered based on Mr. Jarkiholi’s complaint is yet to be completed.
Earlier, it was contended on behalf of the SIT that the law mandates investigation to be completed within two months of registration of FIRs in rape cases.
It was pointed on behalf of the State Government that there was no legal infirmity in carrying out investigation in the absence of SIT’s head while pointing out that the High Court had also allowed continuation of probe while only restraining submission of final report noticing that head of the SIT was on leave.
However, the petitioners had contended that it would not be proper to allow submission of investigation report before the competent magistrate until legality of setting up of SIT is determined by the High Court.
The High Court on July 27, 2021, restrained the SIT from filing the investigation report before the competent magistrate without court’s prior permission, while noticing that investigation was carried out in the absence of its head, Additional Commissioner of Police (West) Soumendu Mukherjee, who was on leave since May 1 , 2021, on medical reason.
However, the High Court clarified in its July 27 order that investigation can be continued even in the absence of Mr. Mukherjee while asking the Government to clarify validity of probe continued in the absence of SIT’s head.
Later, when Mr. Mukherjee reported back to the duty, the court directed that the report of IO Kavitha M.C, an officer of the rank of Assistant Commissioner of Police, be placed before the him for assessment.
Subsequently, Mr. Mukherjee accepted the IO’s report and granted approval for its submission before the competent magistrate. Following this, the SIT filed the application before the High Court seeking permission to submit the report.
