Supreme Court on Thursday said that Som Mittal, the former managing director of the HP Global Soft and present NASSCOM president, will face prosecution under the Special Karnataka Act for negligence of not providing security in the vehicle of Pratibha Sirkant Murthy, who was allegedly raped and murdered two years back.
A three–Judge bench of Chief Justice K G Balakrishnan, Justices R V Raveendran and J M Panchal said the Magistrate in Bangalore Court had rightly taken cognisance of the police complaint against Mittal to prosecute him for negligence which led to alleged rape and murder of Murthy.
“It is unnecessary to examine these contentions urged by the parties on merits. As already noticed, both the learned judges have concurred and dismissed the appeal (of Mittal),” said the judgement, dismissing the review petition filed by Mittal challenging a two-judge bench judgement.
On January 30, the two-Judge bench had dismissed his petition and asked the trial court to decide the issue of prosecution under the Section 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.
Mr Venugopal had contended that the Karnataka government has exempted the IT sector to employ women employees during the night by amending the Act and as such the chief executive officer of the organisation he should not be responsible for the alleged rape and murder of Murthy.
Responsibility
However, Karnataka government advocate Sanjay Hegde submitted that the Act clearly stated that the company which would be employing women should provide with transport and security.
Mittal, as the chief of the HP Global Soft, had failed to comply with the Section 25 of the Act, which allegedly led to the rape and murder of the girl, Mr Hegde said.
Appeal dismissed
While dismissing the appeal of Mittal, who challenged the order of the Karnataka High Court, the two-judge 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 for allegedly showing laxity in safety and security of women workers deployed in night shifts. If held guilty, the maximum punishment would be a fine of Rs 1,000 on Mittal.
The Karnataka police had arrested accused Shivakumar, for the alleged rape and murder. He is in jail facing trial ever since his arrest.