Jarkiholi case: Apex court stays HC order allowing SIT to submit probe report

The Supreme Court on Friday stayed the Karnataka High Court’s order which allowed the special investigation team (SIT), formed to probe complaint of rape by a woman and charges of conspiracy against former Minister Ramesh Jarkiholi following a sex CD scandal, to submit its final report before the trial court.

A bench of Justices Indira Banerjee and J K Maheshwari suspended the order of the High Court, passed in the first week of this month.

The top court’s order comes as a setback to Jarkiholi since it apparently foiled attempts to give clean chit to him.

Acting on a petition filed by the woman victim, the top court asked the High Court to dispose of the matter on March 9, the next date of hearing, without giving any adjournment. The High Court was seized of the petitions raising questions over the validity of the special investigation team.

Senior advocate Ranjit Kumar, appearing for Jarkiholi, submitted that the SIT report has already been filed and the matter has been assigned to the special MP/MLA court. The victim has also been issued notice on the SIT’s final (investigation) report.

On this, the bench said, “Let the HC decide the matter. Meanwhile, no action should be taken based on the SIT report.”

Senior advocate Vikas Singh, appearing for the woman victim, submitted it is a case where a minister is accused of rape, he makes a complaint to the chief minister who forms an SIT to probe charges of conspiracy for framing him. When the victim files a complaint with Cubbon Park police station in Bengaluru, the same is also assigned to the SIT, he said.

“It is the minister who is controlling what is the inquiry to be done and who should do it,” he alleged.

“Finally, a ‘B’ (closure) report is filed by the SIT and no crime is found out qua the victim’s complaint, even though the High Court is yet to decide the validity of the SIT,” he said.

Solicitor General Tushar Mehta, appearing for the SIT, submitted the SIT has reached its conclusion. Its report has to go before the competent court, which would examine the matter in the interest of the alleged victim and the accused.

The top court, however, said it has to keep “societal interest in general” in mind and asked the High Court to decide the pending issues.

Jarkiholi had to resign as Water Resources Minister in March 2021 after the controversy.

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