Sex CD case: HC orders SIT to submit investigation report in response to petitions

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The High Court on Monday ordered an opinion to the state government and the Special Investigative Team (SIT), investigating the CD case involving former minister Ramesh Jarkiholi, in response to two PILs.

The petitions called for an independent investigation and prevented the media from publishing unverified reports. The court also ordered the SIT to submit the status report on the investigation under seal.

A division bench led by Chief Justice Abhay Shreeniwas Oka heard PILs filed by two attorneys based in the city.

In his petition, S Umesh called for either an investigation by the CBI or an investigation monitored by a court by a central investigation team. The petitioner argued that the guidelines formulated by the Bombay High Court regarding media coverage of sensitive cases are applicable to the “CD episode”.

Read | Sex CD scandal in Karnataka: SIT destroys evidence to make me accuse, woman says

He said the Ministry of Information and Broadcasting sent a communication dated March 5, 2021 to all private TV stations and the Press Council of India, with a copy of the order from the Bombay High Court.

The petition called for guidelines to ensure that there is no media litigation and that information circulates in the media within the parameters of fundamental principles of criminal case law.

The other petition, filed by Geeta Misra, called for the annulment of the order of the police commissioner of the city constituting the SIT. The petition claimed that the SIT was formed on March 11 on the basis of a letter from Jarkiholi, which was forwarded to the police commissioner by Interior Minister Basavaraj Bommai.

‘Trained without FIR’

The petitioner argued that the SIT was established without there being an FIR, without citing any legal provisions and also in the absence of a government decree and notification to the Official Journal.

The petition also called for instructions to take action against police officers who disclosed sensitive investigative details to media figures with an ulterior motive and contrary to the dictum of the Apex Court.

The judiciary questioned orally how the SIT was constituted without there having been an FIR registered in the case. The court ordered the SIT to submit the status report regarding the investigation by April 17.


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