SC notice to WB government on BJP leaders' plea in sexual assault case

The Supreme Court on Monday issued notice to the West Bengal government and a woman complainant on a plea by senior BJP leader Kailash Vijayvargiya and others in a case of gang rape.

A bench presided over by Justice M R Shah, however, asked the petitioners to approach the High Court for interim protection.

Senior advocate Mahesh Jethmalani, appearing for the petitioners, submitted that it was alleged that the complainant was raped in 2018 but the complaint was filed in 2020. A closure report was filed in between but the High Court allowed a revision petition. As per the Constitution bench decision in the Lalita Kumari case, there was a preliminary enquiry and it was found that there was nothing in this complaint.

The counsel said the petitioners were subjected to "illegal investigation".

The petitioners were aggrieved with the order passed by the Chief Judicial Magistrate Alipore, directing lodging of FIR against them.

Senior advocate Kapil Sibal, appearing for the West Bengal government, submitted that he would not argue on the merit of the matter.

Senior advocate P S Patwalia, also appearing for the petitioners, asked the court to grant protection.

The court, however, asked them to approach the High Court and put the matter for consideration after Diwali break.

The complainant here alleged the petitioners, including Jisnu Basu and Pradeep Joshi, raped her at an apartment here on November 29, 2018, and had also assaulted her.

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