Rape case: SC to listen to plea in opposition to anticipatory bail for ex-Andaman & Nicobar Chief Secretary

Express News Service

NEW DELHI:  Union Territory of Andaman & Nicobar has approached SC difficult the transit anticipatory bail granted to Jitendra Narain, former Chief Secretary of the islands in an alleged gang rape case.

Urging the bench to urgently checklist pleas in opposition to the orders handed by HC of Delhi and Calcutta on October 20 and October 21, Solicitor General Tushar Mehta submitted earlier than the bench of CJI UU Lalit, Justices SR Bhat and Bela Trivedi that Narain has been tampering with the CCTV proof.

“This is a serious case where Delhi HC granted transit anticipatory bail and Calcutta HC directed for continuing the same. In the meanwhile we have evidence to show that he has tampered with evidence,” Mehta had submitted.

Considering Mehta’s rivalry, the bench agreed to checklist the matter on November 4, 2022.

The Delhi High Court had granted Narain interim safety from arrest until October 28. The reduction was nonetheless continued by the High Court at Calcutta Circuit Vacation Bench at Port Blair until November 14, 2022. Calcutta HC had nonetheless requested Narain to look earlier than SIT probing the alleged gang rape prices in opposition to him.

It was argued within the petition that as per the statements of the prosecutrix and guarded witnesses, the case gave the impression to be a case of “habitual sexual predation” the place the accused used to induce and exploit harmless victims on the pretext of getting them jobs.

“Evidence has come on record that the accused, by exercising his influence has already started tampering with evidence and influencing the witnesses,” the plea added.

READ | Over 20 ladies have been taken to ex-Andaman Chief Secy’s home in alleged jobs-for-sex racket

The plea additional added that the safety by the Calcutta HC was prolonged on a totally false and phantasm pretext that there was no discussion board obtainable for him for shifting his anticipatory bail petition because the circuit bench of the HC of Port Blair was on trip.

According to the plea, “mentioned assertion made by the accused was ex-facie false and deceptive because the jurisdiction District & Session Court at Port Blair was working all all through and had, in truth, entertained and rejected the anticipatory bail functions of the opposite co-accused on the identical day when the order dated 20.10.2022 was handed by the Hon’ble Delhi High Court.”

“It is submitted that the mentioned two co-accused are nonetheless absconding and the method for issuance of NBW in opposition to them was taken however the courtroom verbally declined the request in gentle of the order handed by the Calcutta High Court the order is awaited regardless of the jurisdictional session courtroom being obtainable to the accused for submitting his S. 438 CrPC petition, the accused in a blatant try to abuse the method of regulation, had designedly arrange a ruse of no discussion board being obtainable to him to get interim protecting orders,” the plea acknowledged.

The plea additionally acknowledged that the orders have been handed by the HC with out contemplating the gravity and seriousness of the offence.

Pursuant to the allegations that the lady was lured to the chief secretary’s residence with the promise of a authorities job after which raped by high officers together with Narain coming to gentle, MHA had suspended
Narain. A particular investigation workforce (SIT) was additionally constituted to probe into the identical.

NEW DELHI:  Union Territory of Andaman & Nicobar has approached SC difficult the transit anticipatory bail granted to Jitendra Narain, former Chief Secretary of the islands in an alleged gang rape case.

Urging the bench to urgently checklist pleas in opposition to the orders handed by HC of Delhi and Calcutta on October 20 and October 21, Solicitor General Tushar Mehta submitted earlier than the bench of CJI UU Lalit, Justices SR Bhat and Bela Trivedi that Narain has been tampering with the CCTV proof.

“This is a serious case where Delhi HC granted transit anticipatory bail and Calcutta HC directed for continuing the same. In the meanwhile we have evidence to show that he has tampered with evidence,” Mehta had submitted.

Considering Mehta’s rivalry, the bench agreed to checklist the matter on November 4, 2022.

The Delhi High Court had granted Narain interim safety from arrest until October 28. The reduction was nonetheless continued by the High Court at Calcutta Circuit Vacation Bench at Port Blair until November 14, 2022. Calcutta HC had nonetheless requested Narain to look earlier than SIT probing the alleged gang rape prices in opposition to him.

It was argued within the petition that as per the statements of the prosecutrix and guarded witnesses, the case gave the impression to be a case of “habitual sexual predation” the place the accused used to induce and exploit harmless victims on the pretext of getting them jobs.

“Evidence has come on record that the accused, by exercising his influence has already started tampering with evidence and influencing the witnesses,” the plea added.

READ | Over 20 ladies have been taken to ex-Andaman Chief Secy’s home in alleged jobs-for-sex racket

The plea additional added that the safety by the Calcutta HC was prolonged on a totally false and phantasm pretext that there was no discussion board obtainable for him for shifting his anticipatory bail petition because the circuit bench of the HC of Port Blair was on trip.

According to the plea, “mentioned assertion made by the accused was ex-facie false and deceptive because the jurisdiction District & Session Court at Port Blair was working all all through and had, in truth, entertained and rejected the anticipatory bail functions of the opposite co-accused on the identical day when the order dated 20.10.2022 was handed by the Hon’ble Delhi High Court.”

“It is submitted that the mentioned two co-accused are nonetheless absconding and the method for issuance of NBW in opposition to them was taken however the courtroom verbally declined the request in gentle of the order handed by the Calcutta High Court the order is awaited regardless of the jurisdictional session courtroom being obtainable to the accused for submitting his S. 438 CrPC petition, the accused in a blatant try to abuse the method of regulation, had designedly arrange a ruse of no discussion board being obtainable to him to get interim protecting orders,” the plea acknowledged.

The plea additionally acknowledged that the orders have been handed by the HC with out contemplating the gravity and seriousness of the offence.

Pursuant to the allegations that the lady was lured to the chief secretary’s residence with the promise of a authorities job after which raped by high officers together with Narain coming to gentle, MHA had suspended
Narain. A particular investigation workforce (SIT) was additionally constituted to probe into the identical.