Karnataka HC gets rid of PIL on sex CD case

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The High Court on Thursday dismissed PIL in the sex for work case involving former minister Ramesh Jarkiholi.

A division bench, headed by Chief Justice Ritu Raj Awasthi, also ordered the remaining motions, pleas filed by the victim, to be listed before the list bench on Monday.

In view of the dismissal of the PIL, the requests filed by the female victim will now be heard before a single judge.

The female victim had challenged the legality and validity of the March 11, 2021 order of the Bangalore City Police Commissioner constituting the Special Investigation Team (SIT), based on the memo sent by the Minister of Interior of the time.

On February 3, 2022, the court formation had authorized the SIT to file the final report in the case against the former minister before the competent criminal court.

The court had also clarified that all questions, including the question of jurisdiction and competence of the SIT, are open before the magistrate concerned.

The victim challenged this order in the Supreme Court.

Lead Counsel Indira Jaising informed the Division Bench that on February 18, 2022, the Supreme Court issued an order restraining further action on the final report submitted by the SIT and also asked the high court to rule on the question of the validity of the constitution. of the SIT.

At this stage, the panel observed that it would serve no purpose to keep the PIL pending since the victim himself challenged the order establishing the SIT.

“Once the victim goes to court on the same issues, which are disputed in the PIL, there is no point in keeping the PIL alive. As such, the PIL is deleted. However, it is specified that the two remaining petitions, which are related to the PIL, must be listed before the regular list bench for elimination. The PIL should be attached to the two remaining petitions for the purpose of referencing any documents if necessary. The lawyer representing the PIL petitioner may assist the court if necessary,” the court said.

In addition to challenging the constitution of the SIT, the victim also requested the court to transfer the investigation to another body.

She claimed that the SIT was formed on the basis of a letter from Ramesh Jarkiholi addressed to then Home Minister Basavaraj Bommai.

In her other petition, the female victim had asked for the cancellation of the complaint lodged against her by a certain MV Nagaraju on behalf of Ramesh Jarkiholi.

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