Ramesh Jarkiholi Sex CD Scandal: Karnataka High Court Directs SIT To Consider Report Of ACP Who Probed Complaint

A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum in its order noted, "Learned counsel for respondent 4 (SIT) has placed before the court the report prepared under section 173 CrPC, by MC Kavitha, ACP who was instructed to continue the investigation, report progress of the case to the head of investigation team. In reference to the police commissioner's letter dated 29/03/2021."

It added,

"We are of the considered view that once the SIT was constituted which was headed by Additional Commissioner of Police Mr Soumendu Mukherjee, the report prepared by MC Kavitha, ACP, should have been placed before the head of SIT, and it was to be approved by the head of SIT. Let this report be submitted before the head of SIT for his appropriate orders. The report thereafter may be submitted before the court in sealed cover on the next date."

The court also continued its interim order passed earlier by which it ordered to stop the SIT investigation in the two FIRs lodged on the complaints of Jarkiholi and the victim-woman in relation to the sex CD scandal and restrained SIT from filing final reports in relation to the said FIRs.

It may be noted that soon after the incident came to light, accused Jarkiholi had written a letter to the State Home Department on March 10. Accordingly, a note was issued by the office of the Home Minister, following which the Commissioner of Police, on March 11, issued the order constituting the SIT.

Earlier, the court had raised questions at the legality of the SIT probe. In its order dated August 12, the court had observed that IPS officer Soumendu Mukherjee who was appointed as the head of the SIT is not even willing to look into the investigation carried out during his long absence for three months by other members of the team.

The court had then said, "We also note that no document is placed on record to show order was passed by the government appointing any other police officer as head of SIT in absence of Soumendu Mukherjee. In Fact, in a note dated June 16, head of SIT has said that he is not able to supervise the investigation personally and therefore he had authorised IPS Sandeep Patil to submit reports to this court. We make it clear that said query was made by us only in the light of the fact that the head of SIT had admittedly not supervised the investigation."

In its order dated July 27, the court had noted, "We have perused the report dated July 19, filed by Jt Commissioner of Police Crime. In the said report it is mentioned that Shri Soumendu Mukherjee IPS, Additional Commissioner of Police is on medical leave since May 1, 2021. We may note here that under the order dated March 11, which is the subject matter of challenge in two of the four petitions, it is mentioned that Shri Soumendu Mukheerjee is the leader of SIT. The question is, in the absence of the head of SIT, whether investigation could have proceeded."

It had added, "In none of the petitions any order is placed on record showing the Commissioner of Police, modified the order dated march 11, and replaced Shri Soumendu Mukherjee. We will deal with the question of legality and validity of the constitution of SIT after the statement of objection is filed by the State government. However, the report which is tendered today shows that investigation was made by SIT in CR no 21/2021 and 61/2021 and 30/2021, by the said SIT constituted by order dated March 11. In fact in CR No. 61/2021, B report was filed. However, the head of the SIT has been on leave since May 1, therefore it is not known whether the report was approved by the head of SIT."

Further the court had observed, "Therefore, apart from the issue of legality and validity of the constitution of SIT, the issue of legality of the investigation carried in the absence of the head of SIT will have to be gone into by this court. While filing the statement of objections the state government and the SIT will have to deal with this aspect."

The batch of petitions will be next heard on November 29.

Case Title: Geetha Misra v.  State Of Karnataka

Case No: WP 6586/2021