Ramesh Jarkiholi Sex CD Scandal: Supreme Court Stays Karnataka HC's Order Allowing SIT To Submit Final Report

The Supreme Court on Friday stayed Karnataka High Court's order dated February 3, 2022 of allowing SIT formed for probing complaint of rape by a woman and charges of conspiracy against former Minister Ramesh Jharkiholi to submit its final report before the Trial Court.

The bench of Justices Indira Banerjee and JK Maheshwari passed the stay order in a special leave petition filed by the woman victim against the High Court order. The bench has asked the High Court to dispose of the matter on the next date of hearing ie March 9, 2022.

On July 27 last year, a High Court division bench led by the then Chief Justice Abhay S Oka (since elevated to the Supreme Court) restrained the SIT from filing final report after raising certain questions regarding the legality of the investigation.  The victim had alleged that the SIT was attempting to give a clean chit to Jarkiholi, who had to quit after the sex CD scandal.

On February 3, a bench led by Chief Justice Ritu Raj Awasthi allowed the SIT to submit the final report. 

It was argued in the SLP preferred by the woman victim that the High Court has erroneously vacated its own order dated July 27, 2021 thereby permitting SIT to submit final reports in the crime being investigated to the jurisdiction Magistrate thus rendering the petitions pending before it as infructuous.

"The Hon'ble High Court failed to notice the abuse of state machinery at the instance of the accused minister wherein an investigation team of handpicked officers was constituted without the authority of law with the sole objective to control the outcome of the investigation to favor the accused minister. The Hon'ble High Court by allowing the SIT to submit the final report to the Magistrate has only perpetuated the miscarriage of justice," the plea stated.

The petitioner in the petition had further contended that though the SIT was constituted at the instance of the accused minister, the investigation was monitored by the High Court by virtue of several orders passed in the writ petition.

In this regard, the petition said that the High Court without looking into the content of the investigation reports filed by the SIT and satisfying itself w.r.t. the manner of investigation, mechanically directed the SIT to submit the report before the jurisdiction Magistrate.

"The Hon'ble High Court failed to appreciate that having regard to unequal balance of power between accused and victim and that he is well connected with all instrumentalities of the State, it was necessary for the Hon'ble High Court to constitute an independent and impartial agency in exercise of its writ jurisdiction to investigate her allegations against the former Minister. The clout of the former Minister is evidence from the fact that he has not been arrested despite the circumstances, which indicate that he has committed the crime and the statement of the victim under Section 164 CrPC has also been recorded. There is a definite attempt by the State Government to protect the former Minster from the rule of law," plea also stated.

Senior Advocate Ranjit Kumar appeared for the former minister, Senior Advocate Vikas Singh with Advocates Parmatma Singh, Mayank Jain, Aman Panwar, Madhur Jain, Deepeika Kalia, Mrityunjai Singh, Harsh Gattani represented the victim and Solicitor General Tushar Mehta appeared for the SIT.