Ramesh Jarkiholi Sex CD Case : Karnataka HC Asks SIT To File Application If It Seeks Permission To Submit Final Report

The Karnataka High Court on Tuesday directed the Special Investigation Team (SIT) to file an application to permit it to file its final report in the alleged sex cd scandal case involving former Minister Ramesh Jarkiholi.

A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum said, "It is to be noted that court vide order dated July 27, had restrained any investigation report to be submitted before the competent court without leave of this court. In case the respondent investigating agency wants the report to be placed before a competent court, let an application be filed in this regard."

Orally the court observed, "If you want to file the report you file an application why should we pass an order without an application before us."

Advocate P Prasanna Kumar appearing for the SIT informed the court that as per the previous order of the court, the SIT chief Soumendu Mukharjee has accepted the report filed by ACP Kavitha and accordingly submitted the same in a sealed envelope before the court. He sought permission to file the final report before the jurisdictional magistrate.

Senior Advocate Indira Jaising opposed the same and said that the court should first consider the preliminary objection to the constitution of the SIT. She said, "The constitution of the SIT is in question here. My point is that this is not an investigation done as per procedure prescribed by law. Accused has not been arrested even though an FIR has been registered. This is the nature of investigation."

The Court observed that, "On the last day we had understood from your submissions that the head of SIT had not approved the report. We directed the same. He has done it now. Now under CrPC this report has to be placed before the jurisdictional court and the victim will have her say there."

Thereafter Jaising replied that, "Milords, is it open for me to convince the magistrate that this is not an investigation as per procedure of law? I am saying proper investigation has not even commenced." She added, "Let the court decide whether investigation is as per law."

The court then noted, "This court had said you (SIT) cannot file a report without leave of this court. So if you want to take leave of the court to file the final report then file an application."

Accordingly it adjourned the matter.

Case Title: Geetha Misra v. State Of Karnataka

Case No: WP 6586/2021