Nirbhaya gangrape: Delhi court admits parents’ plea seeking transfer of case to another judge

A Delhi Court has admitted a plea filed by the parents of 2012-gangrape victim, seeking transfer of the case to another judge.

The victim’s parents have sought court’s direction to Tihar Jail authorities to expedite the execution of the rape convicts.

The court will hear the matter on November 25.

They moved the application since the earlier two judges hearing the matter got transferred and the matter is getting adjourned continuously, the plea said.

The special fast track court, set up to hear cases of sexual harassment cases exclusively, of Patiala House Court is currently vacant and no judge has been appointed till now.

The application said that victim’s parents approached the court since the convicts have exhausted all legal remedies.

In December last year, the parents of Nirbhaya, the 23-old paramedic who was gang-raped in December 2012, approached the court to fast-track the procedure to hang all four convicts in the case.

Supreme Court on December 12, 2018, dismissed the PIL seeking a direction to the Centre to execute the death penalty awarded to four convicts — Mukesh, Pawan, Vinay and Akshay — in the sensational Nirbhaya gangrape and murder case.

23-year-old paramedic student was gang-raped on December 16, 2012.

The victim, who was severely assaulted, succumbed to injuries at Mount Elizabeth Hospital in Singapore on December 29, where she had been airlifted for medical treatment.

AAP MLA Amanatullah gets bail in sexual harassment case

AAP MLA Amanatullah gets bail in sexual harassment case
AAP MLA Amanatullah gets bail in sexual harassment case

A Delhi court today granted bail to AAP MLA Amanatullah Khan, who was arrested in connection with a sexual harassment case filed by his sister-in-law, after the investigator said he was not required for custodial interrogation.

Metropolitan Magistrate Vijeta Singh Rawat gave the relief to the politician on a personal bond of Rs 35,000 and a surety of the like amount and asked him not to contact the complainant or threaten her to take back the complaint.

“He shall not in any manner whatsoever interfere in the ongoing probe, the court said, adding that whenever he is required in the police station, he will join and not come along with his supporters.

While imposing certain conditions on him, the court said that if violated, the investigating officer (IO) will be at liberty to approach the court for cancellation of Khan’s bail.

“Prima facie from the allegations, it appears that section 498A of IPC as such is not made out against the accused as there is no evidence for any demand of dowry or regarding mental/ physical cruelty perpetrated by him on the complainant.

“The primary allegations against him are of section 354 IPC which are of year 2011-2012. However, there are allegations of section 509 IPC which may be recent in nature,” the court said.

The court passed the order after the IO said that the politician was not required for custodial interrogation and the probe regarding him was complete.

In its order, the court also warned the MLA saying, “he shall not in any manner whatsoever, personally or through his relatives, contact the complainant or threaten her to take back the complaint.”

Khan was yesterday arrested and sent to a day in judicial custody.

The MLA was arrested by Delhi Police for the second time in three months on separate complaints of women.

On September 18, the Okhla MLA, who was out on bail in another case of molestation and criminal intimidation, had gone to the Jamia Nagar Police station and had asked the police to arrest him but they had refused.

( Source – PTI )

SC grants 6 weeks protection from arrest to expelled AIADMK MP

SC grants 6 weeks protection from arrest to expelled AIADMK MP
SC grants 6 weeks protection from arrest to expelled AIADMK MP

The Supreme Court today granted protection from arrest to Rajya Sabha MP Sasikala Pushpa for six weeks in a sexual harassment case filed by her two domestic aides.

A bench headed by Chief Justice T S Thakur said that the High Court will expeditiously decide the anticipatory bail application of the expelled AIADMK leader

The bench also comprising justices A M Khanwilkar and D Y Chandrachud said that the High Court will take a decision on her application uninfluenced by the order of the apex court.

Senior advocate Siddharth Luthra appearing for Pushpa said that she is not going to run away.

“She is a Rajya Sabha MP and due to some technical problem in vakalatnama, the High Court has asked her to appear before it,” he added.

Luthra said that she may be arrested once she enters Tamil Nadu.

Earlier, on August 11, Delhi High Court had asked Tamil Nadu government not to take any coercive action till August 22 against the expelled AIADMK MP, her husband and their son who are facing the harassment case.

The High Court had also asked the petitioners to approach the appropriate court in Tamil Nadu for relief by then.

The court had, however, refrained from passing any order staying the proceedings in the case.

The domestic servants, who reportedly worked at Pushpa’s house in Tamil Nadu, had filed a police complaint alleging that they were tortured.

Earlier, the Delhi High Court had directed the police to escort Sasikala to Parliament so she can discharge her duty safely.

It had also issued notice to the Ministry of Home Affairs (MHA) and Delhi Police seeking their response on Pushpa’s plea in which she has sought security for her while attending Rajya Sabha session.

Pushpa was expelled from the AIADMK after an altercation with DMK MP Tiruchi Siva at the Delhi airport. Since then she has alleged that she was being threatened into resigning from her post.

( Source – PTI )

Ex-TERI chief R K Pachauri gets bail, allowed to travel abroad

Ex-TERI chief R K Pachauri gets bail, allowed to travel abroad
Ex-TERI chief R K Pachauri gets bail, allowed to travel abroad

Former TERI chief R K Pachauri, accused in a sexual harassment case, was today granted bail and allowed to travel abroad once again by a Delhi court after he appeared before it.

Pachauri, who appeared before Metropolitan Magistrate Shivani Chauhan pursuant to the summon issued against him, was also allowed to travel to Mexico for conferences spanning a month.
“The investigation of the case is complete. Charge sheet has already been filed. He was never arrested during the investigation in the instant case which goes on to show that his custody is not required for the purpose of investigation. No fruitful purpose would be served by sending him to jail.

“The accused R K Pachauri is admitted to bail on furnishing a personal bond in the sum of Rs 50,000 with one surety of a like amount to the satisfaction of this court,” the magistrate said.

The court, which allowed Pachauri’s application filed through his counsel Ashish Dixit seeking permission to travel to Mexico, noted that he had been allowed to travel abroad on earlier occasions too and had complied with its directions.

“The accused has been granted permission to travel abroad on several earlier occasions and has complied with the directions given by the court. In these circumstances, the accused is permitted to travel as per his itinerary from July 12 to August 14 subject to furnishing of one local surety of Rs two lakh,” the court said.

Pachauri, who returned here on July 5 from a nearly 20- day trip to Mexico, Norway, France and Switzerland, was also directed to furnish an undertaking that he shall appear in court in person or through counsel and not dispute his identity at a later stage.

He was also asked to file a copy of his travel tickets and intimate the court after his return or any changes in his travel itinerary, the court further said.

Pachauri, who has been allowed by the court to travel over a dozen times to various countries including USA, UK, China, Japan, France, Kazakhstan, Bolivia, Kuwait, Somalia and Saudi Arabia, during the pendency of the probe and proceedings, was summoned as accused by the court on May 14 after it took cognizance of charge sheet filed against him for allegedly sexually harassing an ex-colleague.
The court, while taking cognisance of the charge sheet,

had said there was sufficient material to proceed against Pachauri under sections 354A (sexual harassment), 354B (assault against woman with intent to disrobe), 354D (stalking), 509 (word, gesture or act intended to insult modesty of woman) and 341(wrongful confinement) of the IPC.

“There are allegations against the accused that he made sexually coloured remarks upon the complainant on several occasions. He touched the complainant inappropriately despite a clear expression of disapproval from her side. He sent inappropriate SMSes and WhatsApp messages to the complainant,” the Metropolitan Magistrate had said.

The charge sheet, filed by Delhi Police on March 1, had arrayed 23 prosecution witnesses, many of whom are present and former employees of The Energy and Resources Institute (TERI).

Pachauri was granted an anticipatory bail in the case on March 21, last year.

On February 13, last year an FIR was registered against Pachauri on charges of sexual harassment under IPC sections 354, 354(a), 354(d) (molestation) and 506 (criminal intimidation).

( Source – PTI )

R K Pachauri summoned as accused in sexual harassment case

R K Pachauri summoned as accused in sexual harassment case
R K Pachauri summoned as accused in sexual harassment case

Former TERI chief R K Pachauri was today summoned as accused by a Delhi court which took cognizance of a charge sheet filed against him for allegedly sexually harassing and outraging the modesty of an ex-colleague.

“The court is satisfied that there is sufficient material to proceed against accused R K Pachauri under sections 354-A, 354-B, 354-D, 509 and 341 of IPC. Cognizance taken accordingly … Let the accused be summoned for the next date i.e. July 11,” Metropolitan Magistrate Shivani Chauhan said.

Delhi Police had on March 1 filed an over 1,400-page charge sheet in the court against Pachauri under sections 354-A (sexual harassment), 354-B(assault or use of criminal force to woman with intent to disrobe), 354-D (stalking), 509(word, gesture or act intended to insult the modesty of a woman) and 341 (wrongful confinement) of the IPC.

“Charge sheet perused. Heard. There are allegations against the accused that he made sexually coloured remarks upon the complainant on several occasions. He touched the complainant inappropriately despite a clear expression of disapproval from her side. He sent inappropriate SMSes and WhatsApp messages to the complainant,” the Metropolitan Magistrate said.

The charge sheet arrayed 23 prosecution witnesses, many of whom are present and former employees of TERI.

Pachauri was granted an anticipatory bail in the case on March 21, last year.

On February 13, last year an FIR was registered against Pachauri on charges of sexual harassment under IPC sections 354, 354(a), 354(d) (molestation) and 506 (criminal intimidation).

( Source – PTI )

‘Charge can be framed on basis of grave suspicion’

'Charge can be framed on basis of grave suspicion'
‘Charge can be framed on basis of grave suspicion’

A Delhi court has refused to discharge a man accused in a sexual harassment case, saying charge can be framed even on the basis of grave suspicion.

Additional Sessions Judge Vrinda Kumari dismissed the appeal of the man, a south Delhi resident, saying, “The complaint is very specific regarding the incident and the offence committed cannot be ignored. It is well settled that charge can be framed even on the basis of grave suspicion.”

The court said, “The veracity of the allegations of the complainant can only be tested on the touch stone of trial and at this stage only a prima facie case against the accused is to be seen.”

The accused had challenged a magisterial court’s order that had framed charges against him under sections 354 (outraging modesty of woman), 354A (sexual harassment), 354 D (stalking) and 506 (criminal intimidation) under the IPC.

The woman had lodged the complaint in 2014 alleging that the man repeatedly molested her and threatened her for over a span of time.

The accused, in his appeal, had contended that there was a delay in lodging the complaint against him and the woman had not specified date or time of the alleged incidents of harassment.

The court, however, rejected his contention saying, “No doubt specific date has not been provided regarding the incidents by the complainant, the complaint is very specific regarding the incident and the offence committed which cannot be ignored.

( Source – PTI )

IPS officer’s arrest in sexual harassment case stayed

IPS officer's arrest in sexual harassment case stayed
IPS officer’s arrest in sexual harassment case stayed

A local court today stayed till April 29 the arrest of IPS officer Pushkar Anand who is facing charges of allgedly sexually harassing a woman Deputy Superintendent of Police.

District and Sessions Judge Arun Kumar gave the direction on a petition filed by Anand seeking anticipatory bail in the alleged sexual harassment case.

The court asked police to produce the case diary on the day.

Anand’s arrest had become imminent after Bihar Police headquarters gave the go-ahead to the authorities concerned for completing the investigation process in the case.

A three-member committee headed by IG(Weaker Section) found the allegations true and recommended departmental proceedings against the IPS officer. The report has been submitted to the state home department.

The woman DySP had lodged an FIR on December 29, 2014 against Pushkar Anand for allegedly sexually harassing her when he was posted in Kaimur. The woman officer was posted as DySP at Bhabhua, the district headquarters of Kaimur.

The DySP in her FIR, lodged with the woman police station, had alleged that Anand had sexually exploited her on the pretext of marrying her. She lodged the FIR after Pushkar refused to marry her on one pretext or another.

( Source – PTI )

Pachauri withdraws plea from HC agnst media house

Pachauri withdraws plea from HC agnst media house
Pachauri withdraws plea from HC agnst media house

TERI’s Executive Vice Chairman R K Pachauri, accused in a sexual harassment case, today withdrew his plea seeking to restrain a media house from publishing reports on the proceedings and outcome of inquiry against him.

Pachauri, who has denied all allegations levelled against him, through his counsel told a bench of justices Gita Mittal and I S Mehta that damage has already been done and the publication is still going on, so there is no point in keeping the appeal pending before it.

Advocate Ashish Dixit, appearing for him, submitted that a civil defamation suit is pending before a trial court for consideration against the accused media house, which will be decided on merit.

Taking note of the submissions, the court allowed him to withdraw the appeal against a single bench order of February 18, 2015, which had refused his request for complete restraint on media from reporting on the outcome of the inquiry against him under the Sexual Harassment at Workplace Act.

“The appeal and all the applications stand withdrawn. Interim order shall stand discharged,” the bench said.

In its interim order, the high court had said, “any steps taken by the respondents (media house and a journalist) shall comply with Section 16 (prohibition of publication or making known contents of complaint and inquiry proceedings) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act…”.

Pachauri had challenged the single bench order allowing the publication and airing of reports regarding action taken by police, the proceedings of complaint filed by complainant before the committee, and connected court proceedings.

On February 13 last an FIR was registered against Pachauri on charges of sexual harassment under sections 354, 354(a), 354(d) (molestation) and 506 (criminal intimidation) of the IPC at Lodhi Colony Police Station, on a complaint filed against him by a former woman research analyst.

Currently, Pachauri is on anticipatory bail granted by the trial court on March 21, 2015.

Recently, police had filed a charge sheet in the case against Pachauri before a trial court for the alleged offences under several sections including 354 (outraging woman’s modesty), 506 (criminal intimidation) and 509 (word, gesture or act intended to insult the modesty of a woman).

( Source – PTI )

Delhi Police charge sheets Pachauri for sexual harassment

Delhi Police charge sheets Pachauri for sexual harassment
Delhi Police charge sheets Pachauri for sexual harassment

Delhi police has filed a charge sheet against RK Pachauri, founder of the non-profit think tank TERI in a sexual harassment case filed by his former colleague.

The police have accused Mr Pachauri of outraging modesty of woman, stalking and criminal intimidation, the Press Trust of India reported.

The charge sheet running into over 1,400 pages was filed in the court of Metropolitan Magistrate Shivani Chauhan who has fixed it for consideration on April 23.

Police has arrayed 23 prosecution witnesses, many of whom are present and former employees of TERI.

In February last year, a 29-year-old research assistant working at TERI or The Energy Research Institute accused Mr Pachauri of sexual harassment following which a First Information Report was registered. Subsequently, the TERI Board announced Dr Ajay Mathur as the new Director General replacing Mr Pachauri.

Mr Pachauri who continues to be the TERI’s executive vice chairman has been sent on anindefinite leave by TERI.

Mr Pachauri has been accused of committing offences punishable under sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354 A (sexual harassment), 354 D (stalking), 506 (criminal intimidation) and 509 (word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code.

Dr Pachauri has denied the charges but a second woman last month has made similar allegations .

The woman in the status report has sought quashing of anticipatory bail of Mr Pachauri granted by the trial court in the case on March 21 last year.

Police has said that an out-of-court settlement was proposed to the woman.

( Source – PTI )

Court frees youth in sexual harassment case

Court frees youth in sexual harassment case
Court frees youth in sexual harassment case

A young man, accused of stalking, sexually harassing and threatening a 13-year-old girl on her way to school, has been acquitted by a Delhi court which said statements of prosecution witnesses were contradictory and the probe conducted by police was “tainted and not reliable”.

“From testimonies of the witnesses, it is clear that the police has conducted entire investigation in police station only and tried to project that the rukka (report) was written at the place of incident and was sent to duty officer…” Additional Sessions Judge Arvind Kumar said.

The judge noted that the arrest memo shows place of arrest as police station while investigating officer said the 20-year-old accused was arrested from his house.

“It is also clear on the testimony of the witnesses that police prepared all the documents at the police station. The probe conducted by police is tainted and not reliable… I am of the view that no reliance can be placed on prosecution case,” the judge said.

The court also observed that the prosecution witnesses, including the alleged victim, her mother and brother did not support the police version of arresting accused from his house.

It said that the testimony of mother and brother of the alleged victim did not mention the date, time or place of the incident when the accused allegedly stalked her and held her hand.

“Prosecution has failed to bring home the guilt of accused beyond the shadow of all reasonable doubts, thus I hereby acquit the accused from all the charges,” the judge said while acquitting him of offences of sexual harassment, stalking, voluntarily causing hurt and criminal intimidation of IPC and sexual assault under Protection of Children from Sexual Offences (POCSO) Act.

According to the prosecution, the youth used to repeatedly stalk and harass the girl on her way to school in May 2013 and one day forcible held her hand.

She informed her mother, who confronted the parents of the accused few days later on May 7, 2013, it said, adding that the same day, the girl’s brother was allegedly beaten up by the accused and his family after he asked the youth to stay away from his sister, following which an FIR was registered.

During the trial, the accused had pleaded innocence and claimed he was falsely implicated.

 

(Source – PTI)