JOIN USSex CD case: HC directs SIT to submit probe report in response to petitions
The High Court on Monday ordered notice to the state government and Special Investigation Team (SIT), probing the CD case involving former minister Ramesh Jarkiholi, in response to two PILs.
The petitions sought independent investigation and restraining media from publishing unverified reports. The court also directed the SIT to submit the status report regarding investigation in a sealed cover.
A division bench headed by Chief Justice Abhay Shreeniwas Oka was hearing PILs filed by two city-based advocates.
In his petition, S Umesh prayed for either a CBI investigation or court- monitored investigation by a central investigation team. The petitioner contended that the guidelines framed by the Bombay High Court with regard to media coverage of sensitive cases are applicable to the ‘CD episode’.
He stated that the Ministry of Information and Broadcasting had addressed a communication dated on March 5, 2021, to all private TV channels and to the Press Council of India, with a copy of the Bombay High Court order.
The petition sought directions to ensure that there is no media trial and information is circulated through media within the parameters of fundamental principles of criminal jurisprudence.
The other petition, filed by Geeta Misra, prayed for quashing the order of the city police commissioner constituting the SIT. The petition claimed that the SIT was formed on March 11 on the basis of a letter by Jarkiholi, which was forwarded to the police commissioner by Home Minister Basavaraj Bommai.
‘Formed without FIR’
The petitioner contended that the SIT was formed without there being an FIR, without quoting provisions of law and also in the absence of a government order and gazette notification.
The petition also sought directions to initiate action against police officials who have leaked sensitive investigation details to media persons with an ulterior motive and contrary to the dictum of the Apex Court.
The bench orally questioned as to how the SIT was formed without there being an FIR registered in the case. The court directed the SIT to submit the status report regarding investigation by April 17.