The Karnataka High Court on Tuesday ordered the Special Investigative Team (SIT) to file an application allowing it to file its final report in the sex cd scandal case involving former minister Ramesh Jarkiholi.
A divisional bench of Chief Justice Ritu Raj Awasthi and Judge Sachin Shankar Magadum noted, “It should be noted that the court order of July 27 prohibited any investigation report to be submitted to the competent court without the authorization of that court. In case the defendant investigative agency wishes the report to be submitted to a competent court, allow a request to be filed in this regard.
Orally, the court observed, “If you want to file the report, you file a request, why should we place an order without a request before us.”
Attorney P Prasanna Kumar appearing for the SIT informed the court that, in accordance with the previous court order, the head of SIT, Soumendu Mukharjee, had accepted the report filed by ACP Kavitha and therefore submitted it to the court in a sealed envelope. He asked for permission to file the final report with the investigating judge.
Senior lawyer Indira Jaising objected and said the court should first consider the preliminary objection to the SIT’s constitution. She said: “The constitution of the SIT is at issue here. What I mean is that this is not an investigation conducted in accordance with the procedure prescribed by law. The accused was not arrested even though an FIR was registered. This is the nature of the investigation. . “
The Court observed that, “On the last day, we understood from your observations that the head of SIT had not approved the report. We ordered the same. He has done it now. court and the victim will have a say there.
Subsequently, Jaising replied: “Milords, is it possible for me to convince the magistrate that this is not an investigation in accordance with legal procedure? I’m saying a proper investigation hasn’t even started. She added: “Let the court decide whether the investigation is in accordance with the law.”
The court then noted, “This tribunal had said that you (SIT) cannot file a report without leave from this tribunal. So if you want to take leave of the tribunal to file the final report, then file a request.”
Accordingly, he adjourned the case.
Case title: Geetha Misra v. Karnataka state
Case n °: WP 6586/2021