CD case: HC directs SIT head to pass orders on probe report

The High Court on Tuesday directed IPS officer Soumendhu Mukherjee, head of the Special Investigation Team (SIT) probing the alleged sex-for-job CD case involving former minister Ramesh Jarkiholi, to pass appropriate orders on the report prepared by the investigating officer (IO).

A division bench, headed by Chief Justice Ritu Raj Awasthi, extended the interim order restraining the SIT from submitting the final report before the magistrate.

Appearing for the victim woman, senior advocate Indira Jaising reiterated her argument that the constitution of the SIT did not fall within the four corners of the CrPC.

She said the status report, submitted before the court in a sealed cover, was not signed by the SIT head. The head of the SIT was on medical leave for three months and even after resuming office he did not validate the investigation carried out during his absence, Indira Jaising said.

The bench examined the report submitted by the SIT and observed that it was signed by Joint Commissioner of Police Sandeep Patil and not by Additional Commissioner of Police Soumendhu Mukherjee, head of the SIT.

“We are of the considered view that once the SIT was constituted, which was headed by the Additional Commissioner of Police Mr Soumendhu Mukherjee (IPS), the report prepared by M C Kavita ACP should have been placed before the head of the SIT and it was to be approved by the head of the SIT. Let this report be submitted before the head of the SIT for his appropriate order. The report thereafter may be submitted before the court in a sealed cover on the next date,” the court said while adjourning the matter’s hearing to November 29.

The woman had sought a court-monitored investigation into her complaint against Ramesh Jarkiholi. She contended that the SIT has not carried out the investigation in a fair manner. She alleged that the SIT was constituted based on a letter by the then home minister Basavaraj Bommai to the city police commissioner. This letter of the home minister was based on the request made by Ramesh Jarkiholi.

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