NEW DELHI: Union Territory of Andaman & Nicobar has approached SC challenging the transit anticipatory bail granted to Jitendra Narain, former Chief Secretary of the islands in an alleged gang rape case.
Urging the bench to urgently list pleas against the orders passed by HC of Delhi and Calcutta on October 20 and October 21, Solicitor General Tushar Mehta submitted before the bench of CJI UU Lalit, Justices SR Bhat and Bela Trivedi that Narain has been tampering with the CCTV evidence.
“This is a serious case where Delhi HC granted transit anticipatory bail and Calcutta HC directed for continuing the same. In the meanwhile we have evidence to show that he has tampered with evidence,” Mehta had submitted.
Considering Mehta’s contention, the bench agreed to list the matter on November 4, 2022.
The Delhi High Court had granted Narain interim protection from arrest till October 28. The relief was however continued by the High Court at Calcutta Circuit Vacation Bench at Port Blair till November 14, 2022. Calcutta HC had however asked Narain to appear before SIT probing the alleged gang rape charges against him.
It was argued in the petition that as per the statements of the prosecutrix and protected witnesses, the case appeared to be a case of “habitual sexual predation” where the accused used to induce and exploit innocent victims on the pretext of getting them jobs.
“Evidence has come on record that the accused, by exercising his influence has already started tampering with evidence and influencing the witnesses,” the plea added.
The plea further added that the protection by the Calcutta HC was extended on a completely false and illusion pretext that there was no forum available for him for moving his anticipatory bail petition as the circuit bench of the HC of Port Blair was on vacation.
According to the plea, “said assertion made by the accused was ex-facie false and misleading as the jurisdiction District & Session Court at Port Blair was working all throughout and had, in fact, entertained and rejected the anticipatory bail applications of the other co-accused on the same day when the order dated 20.10.2022 was passed by the Hon'ble Delhi High Court."
"It is submitted that the said two co-accused are still absconding and the process for issuance of NBW against them was taken but the court verbally declined the request in light of the order passed by the Calcutta High Court the order is awaited despite the jurisdictional session court being available to the accused for filing his S. 438 CrPC petition, the accused in a blatant attempt to abuse the process of law, had designedly set up a ruse of no forum being available to him to get interim protective orders,” the plea stated.
The plea also stated that the orders have been passed by the HC without considering the gravity and seriousness of the offence.
Pursuant to the allegations that the woman was lured to the chief secretary's residence with the promise of a government job and then raped by top officials including Narain coming to light, MHA had suspended
Narain. A special investigation team (SIT) was also constituted to probe into the same.