On January 30, the Supreme Court had dismissed Mittal’s appeal and asked the trial court to decide the issue of prosecuting him under Sections 25 and 30(3) of the Karnataka Shops and Commercial Establishments Act 1961 for allegedly showing laxity in safety and security of women workers deployed in night shifts.

Senior advocate K K Venugopal appearing for Mittal submitted that the bench of Justices H K Sema and Markandey Katju had given a split judgment despite concurring on the issue. Venugopal said the Karnataka government has exempted the IT sector from the ban on employing women employees during the night by amending the Act and as the chief executive officer of the organisation he should not be responsible for the alleged rape and murder of Pratibha on December 13, 2005.

However, Karnataka government advocate Sanjay Hegde submitted that the Act clearly stated that the company employing women should provide them with transport and security.

Failure to comply
Mittal, as chief of the HP Global Soft, had failed to comply with Section 25 of the Act, which allegedly led to the rape and murder Pratibha, Hegde said. A three-judge bench headed by Chief Justice K G Balakrishnan heard the arguments and reserved the order for its pronouncement later.

‘Where’s the scope?’
The court observed where was the scope for review of the order, when a two-judge bench has already upheld the Karnataka High Court judgment. The two-judge bench had said, “There is no infirmity in the order passed by the (Karnataka) High Court warranting our interference in exercise of our power under the Article 136 of the Constitution.”

While dismissing Mittal’s appeal challenging the order of the Karnataka High Court, the apex court said, “We clarify that we do not express any opinion on the merits of the case. The trial court shall decide the matter expeditiously uninfluenced by any observations made by this court or the High Court.”

The metropolitan court at Bangalore had taken cognizance of a complaint filed against Mittal under Sections 25 and 30(3) of the Karnataka Shops and Commercial Establishments Act 1961 for allegedly showing laxity in safety and security of women workers deployed in night shifts.

The Section 25, which was amended in 2002 by the state government, stipulates that the establishments should provide transport and adequate security to women employees working in night shifts.

The Karnataka police had arrested accused Shivakumar, for the alleged rape and murder. He is in jail facing trial ever since his arrest. 

The 28-year-old victim was an employee of HP Global Soft.

She was allegedly raped and murdered in the early hours of December 13, 2005 in Bangalore. 

Her body was found four days later in a ditch near Anjanapura New Layout on Kanakapura Road which falls under Thalghatpura police station limits.