The Supreme Court has said Som Mittal, the former chief executive officer and managing director of HP Global Soft and present NASSCOM president, can be prosecuted under the Karnataka Special Act in the case registered concerning the alleged rape and murder of BPO employee Pratibha Srikantamurthy two years back.
A two-Judge bench of Justices H K Sema and Markandey Katju said, “There is no infirmity in the order passed by the (Karnataka) High Court warranting our interference in exercise of our power under Article 136 of the Constitution.”
While dismissing the appeal of Mittal, who challenged the order of the Karnataka High Court, the bench 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 cognisance of a complaint filed against Mittal under the 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.
Section 25, amended in 2002 by the State government, stipulates that the establishments should provide transport and adequate security to women employees working in night shirts.
Karnataka government advocate Anitha Shenoy had submitted that Mittal was responsible for the safety and security of the employee.
If a constable is murdered, can the DSP be prosecuted? Insane laws!
by Raj on 1/31/2008 2:27:36 PM
So in general, the safety and security of general public is with the Police Dept, rolling up to Home Minister and then CM. So for every Murder, does this mean that the CM Can be prosecuted?
With the condition of Roads, Uncontrolled Traffic, pathetic hospitals there are many deaths.. Again this is under the control of CM.. Can he be prosecuted. If we go further up at the Country level, the PM is responsible for the whole country, so far every such case we should be prosecuting the PM. Great LAWS
