Ramesh Jarkiholi CD Scandal : Karnataka High Court Seeks Report From SIT On Investigation So Far

The Karnataka High Court on Monday directed the Special Investigation Team (SIT) constituted to probe the alleged sex CD case involving former State minister Ramesh Jarkiholi, to submit in a sealed envelope a report on the investigation so far carried out by it.

A division bench of Chief Justice Abhay Oka and Justice Suraj Govindaraj while issuing notice to the State government and other respondents said "We direct the respondent (SIT) to place on record in sealed cover, report on investigation so far carried out. Report shall be tendered on the next date-April 17."

During the hearing of two petitions filed by Advocate Geetha Misra and Advocate S Umesh, it was claimed by the petitioners that police officials have leaked sensitive investigation details to media personnel with an ulterior motive and contrary to the dictum of the Hon'ble Apex Court.

Advocate G R Mohan appearing for Misra submitted that the victims photos are being aired by all TV channels now. To which the bench said "Unless you make out a prima facie case that they have committed illegality the question of injunction does not arise." It added "Show us a single instance that members of SIT have gone to the media or called a press conference or anything, if it has happened, we will definitely take them to task."

The petition filed by Misra seeks to quash the quashing the order passed by the 2nd Respondent Commissioner of Police dated 11/03/2021 forming a Special Investigation Team (SIT) comprising of Six(6) police officers to conduct investigation as the same is without application of mind and without quoting provisions of law and without there being an Government Order or Gazette Notification as the same is in gross abuse of law inasmuch as colossal waste of money from government exchequer.

Further, it seeks directing initiation of action against the police officials who have allegedly leaked sensitive investigation details to media personnel with an ulterior motive and contrary to the dictum of the Apex Court

The petition states that the nature of investigation/enquiry being conducted by Respondents no 4 to 6 is contrary to the provisions of the Code of Criminal Procedure 1973 and Karnataka Police Act 1963 and in a biased manner to protect interests of certain persons and thereby causing harassment to several persons under the guise of investigation/enquiry.

Further, it is claimed that complaint given by one Dinesh Kalahalli to the Cubbon Park police station (complaint was withdrawn later) clearly attracted offence u/s 376C of Indian Penal Code, 1860. Despite the compliant narrating commission of cognizable offences, the 5th respondent police official has failed to register a report under section 154 Cr P C against accused persons and hence has committed an offence under Section 166(A) (c) of the IPC and deserves to face action in accordance with law.

It is also claimed that in this case, because the alleged accused was a powerful Cabinet Minister the police machinery was misused to pressurize the initial complainant to withdraw the initial complaint and constitute a SIT of top officers to investigate into the allegations of conspiracy to defame and harm politically, based on a letter by the alleged accused who was then and powerful Cabinet Minister.

Recently, a case has been registered against the ex-Minister by the Cubbon Park police station under Section 354, 506, 504, 376(c), 417 of 1. P. C. read with Section -67 (A) of I.T. Act.