The Delhi High Court Thursday granted transit anticipatory bail to senior IAS officer and chairman and managing director of the Delhi Financial Corporation, Jitendra Narain, for his alleged involvement in a case of rape whereas he was Andaman and Nicobar Chief Secretary.
Opposing his utility, the Special Public Prosecutor, showing for the state of Delhi, argued that bail shouldn’t be granted since there are “clear and categorical allegations against the petitioner having sexual intercourse with the prosecutrix (woman) on two instances against her consent and such statements alone are enough to convict him”.
Narain’s bail utility was listed earlier than a single-judge bench of Justice Yogesh Khanna, who granted him transit anticipatory bail till October 28.
The court docket held: “It would not be appropriate to consider the allegations and counter allegations at this stage as it may prejudice the case of either party. Rather it would be in the fitness of things, the court concerned who is seized of the matter should look into merit/demerit of the case.”
On October 15, The Indian Express had reported that on October 1, an FIR was lodged in opposition to Narain and RL Rishi, posted as labour commissioner in Andaman & Nicobar Islands, on the Aberdeen police station, Port Blair, primarily based on the lady’s criticism. The police have arrange a Special Investigation Team (SIT) to probe the allegations. In the FIR (No. 165/2022), the complainant has requested that CCTV footage from Narain’s home ought to be collected and that she would establish his workers who must also be questioned.
The lady’s criticism provides an in depth account of the purported violent sexual assault on her on two events in April and May at Narain’s official residence in Port Blair.
She has alleged in her criticism, that whereas trying to find a job she was launched to the labour commissioner by a resort proprietor and the commissioner took her to the residence of the chief secretary. There, she mentioned, she was provided liquor which she refused and was assured authorities employment. Subsequently, she alleged, she was brutally and sexually abused by the 2 males.
She has additional alleged that two weeks later she was once more referred to as at 9 pm to the chief secretary’s residence and the assault was repeated. Instead of the promised authorities job she was allegedly threatened with dire penalties if she spoke concerning the matter to anybody.
The HC famous that the petitioner, Narain, was solely asking for cover to avail “legal remedy before the Court at Circuit Bench at Andaman and Nicobar Islands at Port Blair”, which is useful till October 28.
“Considering the submissions and without giving any opinion on merits, I deem it appropriate to allow the petitioner to avail his legal remedy to approach the Court at Port Blair till 28.10.2022 and is protected only till that date,” the HC held. The court docket additional directed that the order of safety from arrest shall routinely be vacated on October 29 and that no additional extension shall be given to Narain.
The counsel showing for Narain argued that this was a false, motivated and malicious criticism lodged in opposition to him by the lady. It was argued that the lady, in her first criticism, gave two dates – April 14 and May 1 – to the SHO involved, claiming that she was referred to as by Narain at his residence at about 9 pm and stayed there until 11 pm, the place he together with an official named Rishi allegedly raped her.
It was argued that Narain was not in Andaman and Nicobar Islands between April 11 and April 18 however was in Delhi. The court docket famous this reality was not denied by the counsel for the respondent state.
It was additionally the petitioner’s case that he had made numerous representations earlier than the Lieutenant Governor of Andaman and Nicobar Islands, the Director General of Police and Chief Secretary of the State, stating that on each dates he was both at Delhi or friends had been in his home, alleging that the criticism “appears to be motivated”.
It was submitted that it was solely after his representations made on October 2, October 3 and October 5 that the assertion of the lady was recorded once more, whereby she “expanded the days of the incident”. Senior Advocate Vikas Pahwa and advocate Gaurav Gupta appeared for Narain.
The Special Public Prosecutor, showing for the state of Delhi, argued that bail shouldn’t be granted, “looking at the gravity of the offence”. It was acknowledged that there are “clear and categorical allegations” in opposition to the petitioner having sexual activity with the lady on two cases in opposition to her consent and such statements alone are sufficient to convict him. He argued that the lady was “coerced on the pretext of getting a job and the petitioner wielding high official position, has committed this offence, hence no indulgence be given”.
Rajat Nair, Special Public Prosecutor, appeared for the State of Delhi.
He argued that there’s ample proof in opposition to Narain primarily based on the lady’s assertion beneath Section 161 and 164 of the Code of Criminal Procedure (CrPC), which is “corroborated by the statement of a protected witness” made beneath Section 164 of the CrPC in addition to digital proof gathered thus far. He additional argued that there have been “instances of tampering of evidence” by the petitioner as nicely.
The Centre issued an announcement suspending Narain with “immediate effect” after the Home Ministry acquired a report on the matter from Andaman and Nicobar police on October 16.
“The Government is committed to ensuring zero tolerance towards the acts of indiscipline by its officials irrespective of their rank and status, especially with regard to incidents involving the dignity of women. An FIR has been registered and action in the criminal case is being taken separately by the SIT of Andaman & Nicobar Police,” the Home Ministry assertion added.
