The Madras High Court Monday recalled its order quashing a sexual harassment case registered against self-proclaimed godman Shiva Sankar Baba. .Justice RN Manjula had, on October 17, quashed the FIR against the godman on the ground of a 'technical flaw.' She recalled that order after the Tamil Nadu government filed a plea before the Court last month stating that the chargesheet had already been filed in the case when the High Court had quashed the FIR. The State had also said that the godman was a serious offender. Shiva Sankar Baba stands accused of sexual harassment by a single mother of a student of his residential school. The Court had quashed the FIR noting that despite there being serious allegations against the godman, the State had failed to seek condonation of delay for filing the FIR 10 years after the alleged incident. In its petition, the State claimed that Shiva Sankar Baba's case was an "extraordinary" one, as he was a repeat offender who had sexually harassed or assaulted at least six students at a residential school run by him. He had also sexually harassed two parents of his students, including the complainant. .It further argued that several Supreme Court judgments have held in the past that the "limitation bar" could not be the only ground for quashing of an FIR. Following the State's arguments, the Court had said that it did not know that the chargesheet had been filed in the case and had it been aware of the same, it would not have quashed the FIR. The Court, therefore, recalled the order and said it will hear the final arguments on the quashing petition afresh on November 29. Advocate R Vijaya Kumar appeared for the petitioner. Additional Public Prosecutor A Damodaran appeared for the respondents State and the complainant.
The Madras High Court Monday recalled its order quashing a sexual harassment case registered against self-proclaimed godman Shiva Sankar Baba. .Justice RN Manjula had, on October 17, quashed the FIR against the godman on the ground of a 'technical flaw.' She recalled that order after the Tamil Nadu government filed a plea before the Court last month stating that the chargesheet had already been filed in the case when the High Court had quashed the FIR. The State had also said that the godman was a serious offender. Shiva Sankar Baba stands accused of sexual harassment by a single mother of a student of his residential school. The Court had quashed the FIR noting that despite there being serious allegations against the godman, the State had failed to seek condonation of delay for filing the FIR 10 years after the alleged incident. In its petition, the State claimed that Shiva Sankar Baba's case was an "extraordinary" one, as he was a repeat offender who had sexually harassed or assaulted at least six students at a residential school run by him. He had also sexually harassed two parents of his students, including the complainant. .It further argued that several Supreme Court judgments have held in the past that the "limitation bar" could not be the only ground for quashing of an FIR. Following the State's arguments, the Court had said that it did not know that the chargesheet had been filed in the case and had it been aware of the same, it would not have quashed the FIR. The Court, therefore, recalled the order and said it will hear the final arguments on the quashing petition afresh on November 29. Advocate R Vijaya Kumar appeared for the petitioner. Additional Public Prosecutor A Damodaran appeared for the respondents State and the complainant.
