Gangrape case: SC directs ex-chief secretary of Andaman & Nicobar to strategy classes courtroom for bail

A bench of Justices Krishna Murari and S Ravindra Bhat mentioned, “We are of the considered opinion that interest of justice would stand served by directing Respondent No. 2 (Narain) to make an application before the jurisdiction court to apply for anticipatory bail, as no useful purpose will be served by entering into the controversy at this stage and adjudicating the same on merits”.

It requested the IAS officer to “make an application before the jurisdictional sessions court on 09.11.2022 seeking grant of anticipatory bail and the concerned court is put under an obligation to hear and decide the same within two days thereafter in accordance with law”

A day after The Indian Express reported on the allegations, Narain was suspended on orders of the Home Ministry on October 17.

On October 20, the Delhi High Court had granted Narain interim safety from arrest until October 28. On October 21, he approached the Calcutta High Court circuit bench, sitting at Port Blair, looking for extension of time, saying the following circuit bench would begin solely by November 14, by which period the safety to him can be over.

In its October 21 order, the circuit bench continued the aid and requested him to look earlier than the particular investigation group (SIT) probing the case.

The Andaman administration challenged this earlier than the SC, saying the accused approaching the Delhi and Calcutta HCs, “instead of…the jurisdiction sessions court at Port Blair, with a plea that no forum was available to him on account of vacation is nothing but a blatant attempt of forum shopping and abuse of process of law”.

On Monday, showing for the UT administration, Solicitor General Tushar Mehta asserted that the assertion given by the sufferer to the Justice of the Peace beneath CrPC Section 164 has already been corroborated by impartial witnesses. Mehta mentioned the accused has “already tampered with evidence”.

He identified that the co-accused within the case had gone to the jurisdictional courtroom within the UT however the courtroom denied him any aid.

Appearing for Narain, senior advocate Mukul Rohatgi mentioned the allegation of rape is of April 14, and that Narain was on an official go to to Delhi from April 11 to April 18.

Contending that the officer had a “blemishless career”, Rohatgi mentioned the background of the complainant, too, ought to be regarded into. Terming the grievance “manipulated”, the senior advocate mentioned the official has “not done anything wrong”.

Mehta, nevertheless, mentioned there’s a “strong prima facie case”. He informed the courtroom, “The girls were lured with the offer to give them jobs. The Labour Commissioner used to do this and to send them to the chief secretary. This is horrifying.”

The courtroom requested the accused to strategy the jurisdictional classes courtroom within the UT however didn’t intervene with the anticipatory bail already granted by the HC.