Mitali Palnitkar
Published on: March 10, 2022 at 18:08 IST
The Karnataka High Court disposed a Public Interest Litigation (PIL) which sought to Quash the Order passed by Commissioner of Police to form a Special Investigation Team (SIT) comprising of 6 Police Officers for conducting Investigation in an alleged Sex CD Case, in which former Minister Ramesh Jarkiholi is involved.
The Division Bench comprised Chief Justice Ritu Raj Awasthi and Justice SR Krishna Kumar.
It stated that the Public Interest Litigation was the first Petition filed on the issues in the Case. Thereafter, the Victim herself approached the Court by filing a Petition.
The Order which is challenged in the Public Interest Litigation is also challenged in the subsequent Writ Petition.
Therefore, it opined that there was no purpose in keeping the Public Interest Litigation as the Victim herself challenged the Constitution of Special Investigation Team. Accordingly, the Bench disposed of the Public Interest Litigation.
It added that the other two Petitions in relation to the Public Interest Litigation shall be listed before the regular Bench for disposal.
For the reference of documents, the Public Interest Litigation shall be Attached with the two Petitions.
The Supreme Court through its Order dated February 19, 2022 had put a Stay on a Karnataka High Court Order dated February 3, 2022 which allowed the Special Investigation Team formed to Probe Complaint of Rape and Charges of Conspiracy against Jarkiholi.
The Stay Order was passed in a Special Leave Petition (SLP) filed by the Victim against the High Court Order. The Bench had asked to dispose of the matter on March 9, 2022.
On July 27, 2021; the High Court Division Bench led by the then Chief Justice Abhay S Oka restrained the Special Investigation Team from filing the Final Report. It raised questions with respect to the legality of the Investigation.
The Victim alleged that the Special Investigation Team was attempting to give Clean Chit to Jarkiholi, who had to quit after the Sex CD Scandal.
However, the Special Investigation Team was allowed to submit the Final Report by the Bench led by Chief Justice Ritu Raj Awasthi on February 3, 2022.
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