Sex CD case: Woman seeks fresh court-monitored probe

The High Court has ordered notice to the government and the Special Investigation Team (SIT) on a petition filed by the complainant in the CD case involving former minister Ramesh Jarkiholi.

The petitioner, who reportedly appears in the CD, has prayed for a court-monitored investigation.

Justice S Vishwajith Shetty ordered notice to the respondents and adjourned the matter to June 23.

The petitioner contended that the SIT was set up after Home Minister Basavaraj Bommai wrote a letter to the Bengaluru City Police Commissioner.

The Home Minister has quoted a letter of complaint by Ramesh Jarkiholi.

According to the petitioner, there was no FIR on the basis of the complaint letter by Jarkiholi.

In the absence of the government order, as required in terms of the transaction of the business rule, the constitution of the SIT is without any authority of law and any investigation by the SIT is liable to be quashed, the petition said.

The petitioner said her statement under Section 164 of CrPC was facilitated only because of the directions issued by the High Court.

She alleged that the SIT officials leaked the contents of the statement to the media.

“The petitioner who has enough and more reasons to believe that the SIT was not conducting a fair investigation and was, in fact, aiding the accused in connivance under the direct instruction of the State Government or the political executive of the State Government to help the accused get away,” the petition said.

‘SIT not working under its chief’

The petition has stated the investigation team has been functioning in the absence of the head of the SIT. The petition said that senior IPS officer Soumendhu Mukherjee, who headed the SIT, is on leave and is not expected to return to work till the completion of the investigation.

The investigation, in the absence of the SIT chief, is an intentional act and done solely for the purpose of protecting the accused, the petition said.

Besides seeking a mandamus to constitute a court-monitored investigation, the petition sought directions to quash the letter by the Home Minister to the City Commissioner dated March 10, 2021, and the order of the commissioner constituting the SIT on March 11.