Bengaluru Police Special Investigation Team (SIT) has been completed their inquiry about Sex CD case involving the former BJP minister Ramesh Jarkiholi – where a sexual assault case filed by a woman against Jarkiholi.
SIT found that there is no evidence to such an argument against Jarkiholi, but they found evidence to prosecute the woman and two others who involved in the extortion of BJP MLA. But on Tuesday 27th July, Karnataka High Court asked about the legality of the SIT probe about this alleged Sex CD Scandal case and ordered to stop SIT Investigation and restrained from filing final reports related to the lodged FIRs as the head of the SIT was absent on this period.
A bench of Chief Justice Abhay Oka and Justice N S Sanjay Gowda in their order said “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 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. 6/2021, 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.”
The Court finally observed that, “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. White filing the statement of Objections the state government and the SIT will have to deal with this aspect.”
During the hearing, advocate general said the court that he would file objection statement with in one week from today and thus court directed him to file it by August 3.
Moreover Court Orally Said that ” We are not going into the merits of the investigation, we are on the process followed by the SIT. Let the government explain how the investigation progressed without a leader and till then the final report will not be filed without the leave of the court.”.
