Ramesh Jarkiholi Sex Scandal: Karnataka High Court seeks State reply in PIL against formation of SIT to probe ex-Minister's defamation complaint

The Karnataka High Court on Monday sought the response of the State government in a petition challenging the order of the Bengaluru Commissioner of Police to form a Special Investigation Team (SIT) to probe the defamation complaint filed by former Minister Ramesh Jarkiholi in relation to sexual harassment allegations against him.

. This apart, the plea also sought a direction to the Karnataka Police to conduct an investigation into the sexual harassment complaint in accordance with the Criminal Procedure Code (CrPC). Also sought is action against the police officials who have leaked sensitive investigation details about the victim as well as the accused to the media.

. A Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice Suraj Govindaraj issued notice to the State government, State Police, the SIT and Ramesh Jarkiholi.

.Ramesh Jarkiholi Sex Scandal: Father of complainant moves Karnataka High Court. The petition filed by a social activist Geetha Misra through advocate GR Mohan contended that the nature of investigation being conducted by respondent police is contrary to the provisions of CrPC and the Karnataka Police Act, 1963.

The petitioner alleged that the investigation is biased and is proceeding in a manner which would protect the interests of certain persons, thereby causing harassment to others.

. It is further stated that a complaint filed by one Dinesh Kalahalli revealed a set of serious allegations pertaining to sexual acts and sexual intercourse with a lady by the then Minister of Water Resources under the pretext of giving her a government job.

This, the petition said, clearly attracted the offence under Section 376C of Indian Penal Code. However, the respondent police official failed to register a report under Section 154 of the CrPC against accused persons. Hence, he has committed an offence under Section 166(A) (c) of the Indian Penal Code (IPC) and deserves to face action in accordance with law, it was submitted.

Kalahalli later withdrew the complaint, the plea noted.

. The petitioner also raised concerns about the police leaking selective information about the investigation to the media, which is barred under law.

This is contrary to the to ruling of the Supreme Court of India in the case of Naresh Kumar Mangla v. Anitha Agarwal , states the plea.

. Meanwhile, a SIT comprising six police officers was formed to probe a defamation complaint filed by Jarkiholi.

. " The background leading to formation of SIT is that a letter is written to the Home Minister of the Government of Karnataka by Mr. Ramesh Jarkiholi, dated March 9, 2021 where he requests for the formation of a Special Investigation Team (SIT) of top officers to investigate against the Complaint (filed by Mr. Dinesh Kalahalli) on a pretext of conspiracy to defame him and destroy his political career," the plea highlighted.

. Based on Jarkiholi's letter, the State Home Minister issued an instruction note to the Commissioner of Police, Bangalore City to form an SIT so as to investigate into the allegations made by the alleged accused himself, the plea alleged.

. "It is submitted that the promptness with which the Hon’ble Home Minister and the 2nd Respondent Commissioner of Police, Bangalore City Police acted upon the letter of Mr. Ramesh Jarkiholi 7th Respondent and formed an SIT of top officers of the Karnataka State Police as compared to non-registration of FIR and the manner in which initial complainant before 5th Respondent, which Mr. Dinesh Kalahalli withdrew the complaint clearly gives rise to speculation regarding the nature of inquiry/investigation by the police officials as the same appears to be biased and misuse of administrative machinery," the petitioner contended.

. During the hearing today, CJ Oka while issuing notice, asked the petitioner to produce material to show that the constitution of SIT is in violation of law.

“Show us a single instance…You must point out at least some material that SIT is violating guidelines...If SIT is violating, then we will take it to task...”

The matter will be next heard on April 17.

.Ramesh Jarkiholi Sex Scandal: Victim asks Chief Justice of Karnataka High Court to monitor SIT probe, seeks protection. Former Minister Jarkiholi recently tendered his resignation after being accused of demanding sexual favours from the unidentified woman in exchange for giving her a job.

A CD containing footage of the alleged incident was leaked to the media. This prompted the Minister to file a complaint against unknown persons, accusing them of framing him.

. Pursuant to a complaint by the victim, an FIR was lodged against Jarkiholi at Cubbon Park Police Station, Bengaluru for offences under Sections 354 (assault or criminal force to woman with intent to outrage her modesty), 506 (punishment for criminal intimidation), 504 (intentional insult with intent to provoke breach of the peace), 376(c) [sexual intercourse by a person in authority] and 417 (punishment for cheating) of the Indian Penal Code along with Section 67(A) [punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form]of the Information Technology Act.

Earlier this month, a Karnataka court had restrained sixty-seven media houses from airing or publishing any defamatory content against six Karnataka ministers belonging to the Bharatiya Janata Party (BJP) in relation the alleged sex-for-job scandal that has rocked the State.

.[BREAKING] Karnataka court restrains 67 media houses from publishing defamatory content against six State Ministers on sex-for-job scandal

Ramesh Jarkiholi Sex Scandal: Karnataka High Court seeks State reply in PIL against formation of SIT to probe ex-Minister's defamation complaint

Rintu Mariam Biju

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