The Delhi High Court today said that a plea seeking transfer of probe in a case of alleged rape against self-styled preacher Daati Maharaj to the CBI should be listed before a bench handling criminal matters.
A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said that the plea has to be treated as a criminal writ petition and it did not have the jurisdiction to deal with it.
"This has to be treated as a criminal writ petition. So the petition be placed before the roster bench," it said and listed the matter before another bench for July 11.
A complaint was lodged against Daati Madan Lal alias Daati Maharaj on June 7 and an FIR was registered on June 11. The police had on June 22 questioned the accused, who has been charged with raping a disciple in his ashrams in Delhi and Rajasthan.
The court was hearing a petition filed by NGO Delhi Citizen Forum for Civil Rights alleging that the investigation carried out by Delhi Police seemed to be "biased and unfair" as no arrest has been made so far, which could lead to influencing of witnesses and destruction of evidence.
The petitioner submitted that the matter be suo motu transferred to the CBI.
During the hearing, advocate Gautam Narayan, appearing for the Delhi Police, said that the case was earlier transferred to Crime Branch of Delhi Police.
"This investigation is being monitored by the trial court," he said, questioning the locus of the NGO in the matter.
He also pointed out that earlier the Supreme Court had imposed costs on the petitioner NGO for filing frivolous petitions.
The bench said, "Let it go to the criminal division bench. We do not have jurisdiction."
The plea by the NGO, through its chairman and general secretary and advocates Joginder Tuli and Joshini Tuli, has claimed that the chances of the accused leaving the country also cannot be ruled out.
The accused has claimed that he was being framed in the case. The woman had filed the complaint against the preacher, his three brothers and a woman at the Fatehpur Beri police station in south Delhi. The case was later transferred to the crime branch.
The petition has claimed that the accused and his associates were interrogated by the crime branch on different dates but were not arrested. It said the FIR against him as been registered for alleged heinous offences of rape, unnatural sex, molestation and common intention under the IPC.
A trial court here had earlier taken strong exception to the manner in which the probe was being conducted in the rape case, saying the investigating officer had not been able to explain the efforts made to ensure that the accused does not abscond during the investigation.
It had directed the DCP (Crime Branch) to monitor the investigation and ensure that a status report is filed in the court every week.
A Delhi Police team, accompanied by the woman, had earlier visited the ashram in Pali, Rajasthan, to gather evidence, but they failed to find the accused there.
The Delhi Commission for Women had also demanded the arrest of the self-styled godman.
Disclaimer: No Business Standard Journalist was involved in creation of this content
