CHANDIGARH: Haryana government had not initiated an action against former DGP S.P.S. Rathore because at the time of the alleged incident, Rathore was on deputation with Union of lndia at BBMB and only the Union Government could initiate action against him.
The Haryana government has stated this in its reply filed during the hearing of a PIL by Ranjan Lakhanpal, advocate and chairman World Human Rights Council.
The reply filed by Special Secretary, Home Department, Shrikant Walgad stated that taking the aspect into consideration, departmental proceedings against Rathore were dropped and through a communication sent on May 31, 1996 and June 20, 1996, the Government of India was asked to look into the matter and initiate appropriate action.
The Bench asked the Assistant Solicitor General cum-CBl Special Public Prosecutor Dr Anmol Rattan Sidhu to obtain instructions from government to ascertain whether any such communication was sent from Haryana government. If it was, then what action was taken? The Bench has asked Sidhu to submit details in this regard by the next date of hearing fixed for March 25.
The reply submitted by Haryana government after being pulled up by the court on previous hearing answered the five queries raised by court.
After going through the reply, the Division Bench of Punjab and Haryana High Court comprising Chief Justice Mukul Mudgal and Justice Jasbir Singh asked the Haryana government counsel to explain the delay in registering the case. The Bench asked Haryana why it took nine year to register the case.
Answering the query raised by court, Abha Rathore, wife and counsel of S.P.S. Rathore, held that there was no complaint in this regard for all these years. At which point the court asked, “The complaint was not filed or not received?”
Abha Rathore said that only one memorandum was pre pared six days after the incident and that, too, was not signed by the father or any relatives of Ruchika.
Meanwhile, Ranjan Lakhanpal produced the original copy of affidavit filed by Ruchika. The copy of the same had already been produced before the court but S.P.S. Rathore, through an application before the court, had sought directions to Lakhanpal for placing on record the original document.
The application filed by Rathore pleaded that the document be sent for forensic examination to determine that it was not forged.
Lakhanpal informed court that the affidavit was second copy of the one submitted before then DGP, RR Singh. However, it contained original signatures of Ruchika. The court issued directions to seal the said affidavit and take it on court record.
Lakhanpal also produced the transcripts (obtained unofficially) of orders of various authorities while dealing with the proceedings against Rathore.
After having a look at the same, court returned it to Lakhanpal and directed the Haryana government to pro duce the file containing entire record pertaining to the report of RR Singh and also subsequent proceedings.
SOURCE-HT
