HC adjourns hearing on Rathore’s bail

Terming Rathore a “man of high moral character and honesty”,Abha Rathore,wife and counsel of the former DGP,made a forceful plea before a vacation bench for his immediate release but to no avail.

Claiming her husband to be a man of “exceptional honesty and integrity”,Abha accused the witnesses in the case of being “not so clean”.

Terming Ruchika’s father S C Girhotra a “greedy man”,Abha alleged that he was “persuaded for money” by Rathore’s rivals to lodge a case against him.

About R R Singh,former DGP of Haryana who had submitted an adverse report against Rathore,Abha said that “R R Singh is not such a clean person”. In response,the court intervened and told Abha not to get personal.

She further alleged that the entire case was based on a forged document — the statement given 19 years ago by Ruchika to the Haryana Police. Abha repeatedly alleged that Ruchika’s signatures were forged.

The HC adjourned the case till June 1 (Tuesday),when the Central Bureau of Investigation (CBI) would file its reply to the revision petition.

Contesting Abha’s accusations,CBI counsel and Assistant Solicitor General of India Anmol Rattan Sidhu said,“Ruchika and Aradhana Girhotra were minor girls. No father will pull his minor girl in a controversy for money. Why should they lie? Why should they attempt to settle enmity with the so-called rivals of Rathore,which has not been established”.

Arguing on the merits of the case,Sidhu,who was assisted by advocate Ajay Kaushik,said,“There is so much of direct evidence to prove Rathore’s guilt. He has spent only five days behind the bars. Two courts have given their exhaustive findings over the case. The purpose of criminal jurisprudence will be at stake if he is released on bail after five days against a sentence of 18 months. Rathore did his best to delay the trial for two decades by filing transfer petitions.”

When Justice Ajay Tewari asked what should be the minimum sentence that Rathore,according to Sidhu,should serve,the CBI counsel said “at least one third (six months)”.

Making it clear that the CBI is prepared to argue the main revision petition,Sidhu proposed that hearing of the revision petition be made time-bound. He demanded that till the revision petition was decided,Rathore should be kept behind bars.

Responding to Abha’s contention that Rathore was old and not in good health,Sidhu said,“The best medical facilities are being offered in Burail Jail.” Reacting to this,an angry Abha said if that was the case then “all of you can sit in the jail”.

Subsequently,the court advised Abha not to address the counsels,as it was not Sidhu’s personal case,following which Abha apologised.

The counsel for complainant Madhu Prakash,advocate Pankaj Bhardwaj,said,“Presumption of innocence is not available in this case,as two courts have held Rathore guilty. What is the urgency in this case? Why such a hurry,what is so special about this that Rathore shall be released immediately? Heaven is not going to fall. Let him remain behind bars for six months.”

Responding to the argument,the HC said the case had “larger ramifications”. Further,expressing disagreement with the trial court,the bench remarked that the media did have an impact on the outcome of the case.

Justice Tewari made it clear that the case would not be allowed to linger on. And since Sidhu had sought adjournment for July on the ground that he has to go abroad on Wednesday,the HC adjourned the case to till Tuesday.

Revision petition or appeal?
May 26:Abha Rathore filed a petition,challenging Rathore’s enhanced sentence of 18 months and called it a revision petition.

May 28:Took a U-turn; called it an appeal in which bail is a matter of right.

May 31:Abha started the arguments calling it a revision petition. After an hour,when Abha failed to get Rathore’s bail,she stated that the petition is in fact an appeal.