HC tells CBI to start investigations

Chandigarh, July 18 The Punjab and Haryana High Court directed the Central Bureau of Investigation (CBI) on Friday to immediately start investigations into the Sarita rape and suicide case, without waiting for a sanction from the Central government.
Making it clear that no delay should be caused in the investigation, the court said it would like the CBI to complete its job within three months and submit an appropriate action taken report.
According to rules, the Central government has to pass a notification under the Delhi Special Police Establishment Act to transfer investigation of a case to the CBI. But it has been more than a month since the Haryana Police had written to the Centre to issue a notification so that the investigation into the case could be entrusted to the CBI. No notification has been issued by the Centre yet.
A Division Bench headed by Chief Justice Vijender Kumar Jain strongly disapproved the delay on part of the Centre.
“We must not lose sight of the fact that the allegations of rape committed by police officials on a married woman. In view of such serious allegations and the desire of the state government for a prompt investigation by the CBI, the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, New Delhi, ought not to have sat on the issuance of notification and should have issued it immediately,” reads the order.
The Bench refused to comment on the report placed on record by the Madhuban Forensic Sciences Laboratory.
The report states that stains of semen were recovered from the clothes of Balraj, one of the two accused in the case. Stains of semen have also been found from Sarita’s clothes.
The report, however, says no semen was recovered from the clothes of Silak Ram, the co-accused in the case.
Deputy Inspector General (DIG) of the CBI was present in the court on Friday.
“Let the DIG appoint a suitable officer, not below the rank of SP, to oversee that the DNA test and also further investigation are taken up by the CBI,” the court held.
The Haryana Law Officer submitted that SP (Crime Branch) Rajinder Kumar has been directed to hand over papers regarding the case to the CBI. He said an application for taking blood samples of the accused, who are in judicial custody, had been moved by the Special Investigation Team.
Sarita had committed suicide at the Haryana Police Headquarters in April, after she was allegedly raped by two Haryana Police constables.
Express News Service
Posted online: Saturday , July 19, 2008 at 03:19:23Updated: Saturday , July 19, 2008 at 03:19:23
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