The Supreme Court on Friday stayed the Karnataka High Court order, which allowed the SIT to submit its final report in connection with complaint of rape and conspiracy charges against former state minister Ramesh Jarkiholi, following a sex CD scandal.
Senior advocate Ranjit Kumar, representing Jarkiholi, submitted the SIT report has already been filed and it is assigned to special MP/MLA court, and the victim has also been issued notice on the report.
Senior advocate Vikas Singh, representing the victim, contended before the bench that it is a case where a minister is accused of rape, and on his complaint, the Chief Minister formed an SIT to probe charges of conspiracy for framing him in the matter.
A bench of Justices Indira Banerjee and J.K. Maheshwari stayed the high court order, which passed earlier this month.
Singh added that the “B” (closure) report was filed by the SIT and no crime is found out on the basis of victim’s complaint, while the high court is yet to decide the validity of the SIT.
“It is the minister who is controlling what is the inquiry to be done and who should do it,” argued Singh.
Police filed a “B” (closure) report before a magistrate court, after the high court had permitted it to file an investigation report. Police have provision to file B reports in criminal cases, where investigations reveal the allegations made against the suspect are false.
Solicitor General Tushar Mehta, representing the SIT, contended the SIT has reached its conclusion and its report has to be examined by a competent court. He said the victim’s complaint with Cubbon Park police station has also been assigned to the SIT.
After hearing arguments in the matter, the bench said it has to keep societal interest in general in mind.
The bench said “Let the high court decide the matter… Meanwhile, no action should be taken based on the SIT report.”
The top court, on the victim’s petition, asked the High Court to dispose of the matter on March 9, the next date of hearing.