SC declines Swami Chinmayanand access to copy of law student's statement

Says accused not entitled to 164 CrPC statement until cognisance taken by a court

The Supreme Court on Thursday held that a copy of a rape victim's statement recorded in camera by a judicial magistrate under Section 164 of the Criminal Procedure Code can't be provided to the accused until the cognisance of the offence has been taken on the basis of charge sheet by a court.

The top court said in cases of sexual assaults, it must be kept in mind that the utmost confidentiality has to be maintained.

"No person is entitled to a copy of statement recorded under Section 164 of the CrPC till the appropriate orders are passed by the court after the charge sheet is filed. The right to receive a copy of such statement will arise only after cognizance is taken," a three-judge bench presided over by Justice U U Lalit said.

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The top court allowed an appeal by the victim against the Allahabad High Court's order of November 7, 2019 for providing a copy of her statement to the former Union Minister Swami Chinmayanand. A rape case was lodged in Shahjahanpur against the former BJP MP after the LLM's student video statement, uploaded on Facebook, went viral.

"The High Court completely erred in appreciating the directions issued by this court (Bhagwant Singh vs Commissioner of Police) (1985) especially in a matter where the offences alleged against accused are of sexual exploitation. In such matters utmost confidentiality is required to be maintained. In our view, the High Court completely failed in that behalf," the bench, also comprising Justices Vineet Saran and S Ravindra Bhat, said.

Though the statement was already provided to the accused by the time appeal was filed, the bench said we must set aside the order passed by the HC and lay down that under no circumstances copies of such statements can be furnished till appropriate orders are passed by the court on cognisance.

In its judgement, the court made it categorical that the filing of the charge sheet by itself, does not entitle an accused to copies of any of the relevant documents, including statement under Section 164 of the CrPC.

A Special Investigation Team (SIT) headed by IG rank officer had filed charge sheet against the 73-year-old former minister in November, 2019. It had also filed a charge sheet against the law student in a college run by Chinmayanand's trust and three of her alleged associate for extortion as the leader also lodged a counter case alleging blackmail by them.

The top court had in August 2019 taken Suo Motu cognisance of the matter and directed for providing security to the girl after she uploaded a video message on a social media alleging threat to her life and family by the leader.