HC puts stay on Rathore’s arrest till Feb 15

Further,if Rathore is needed to be arrested in the abetment to suicide case,the Central Bureau of Investigation (CBI) must issue a notice to him four days before the arrest,the HC ruled.

Also,Justice Sabina admitted Rathore’s petition,demanding quashing of the abetment to suicide charges (Section 306 of the IPC). The judge referred the petition to a division bench for adjudication. Till this petition is decided,the CBI has been directed not to file a chargesheet in the case.

Pronouncing the orders,Justice Sabina said in case the CBI intended to arrest Rathore in the first two FIRs,he would be admitted to interim bail,subject to satisfaction of bail bonds by the investigating officer. This means even if the CBI arrests Rathore,the agency will have to release him on interim bail.

But to ensure that the investigation does not come to a standstill,the HC has directed Rathore to join the probe.

In the order,the HC has recorded the fact that 19 years ago the CBI did not book Rathore for abetment to suicide,as contended by Rathore’s counsel.

Inside the courtroom
On Monday,Rathore was represented by senior advocate R S Rai,who was assisted by advocate Gautam Dutt. Rathore’s wife Abha did not argue the case but was present in the court.

Opening his argument,Rai vehemently contended that the very act of registering an FIR on charges of abetment to suicide was wrong. He submitted that the issue has already been decided by the High Court and the Supreme Court many years ago. Rai requested the court to direct CBI not to take any coercive action against Rathore.

CBI’s counsel Anmol Rattan Sidhu,on the other hand,sought three weeks’ time to reply to the petition demanding quashing of abetment to suicide charges.

Subsequently,Rai stated,“Till the CBI files its reply,my client (Rathore) undertakes that he will join the investigation as and when required by the CBI. Please direct the CBI not to take any coercive action till then.”

Tempers ran high when advocate Pankaj Bhardwaj,counsel for Ruchika’s family,tried to make his point. Justice Sabina had to intervene after Bhardwaj and Rai entered into a brief altercation.

Rai continued his attack on the CBI for not “even issuing a notice to Rathore to join investigation”. “The CBI should act fairly¿ Rathore will cooperate. After all,his reputation is also at stake,” Rai said.

To this,Sidhu responded that the investigation had just begun and record pertaining to the nineties has to be dug out. Interestingly,Sidhu explained this work as samandar manthan (a mammoth exercise to dig out something important).

Taking a dig at Rathore,Sidhu said,“Rathore has been using his influence. If granted interim bail,he will continue to do so. Words like cooperation are unknown to Rathore. His past clearly spells out that he has been tampering with evidence. Grant of such a relief will demolish the case.”

Rai accused the media of influencing the case. “It is not a regular matter. Everybody is working under media glare,” he stated.

Reacting sharply,Sidhu said,“It is wrong to say that the CBI is working under anybody’s influence. There is no media pressure.”

Bhardwaj,meanwhile,said,“Rathore used his influence even after registration of the three FIRs. After so many years,Gajinder Singh and Veena suddenly surfaced and gave statements which favour him. This is all fraud. He is capable of destroying the evidence. Rathore will influence the witnesses and tamper with the evidence if he is given interim bail.”

Rai reiterated that Rathore would join the investigation as and when needed. Sidhu countered: “Mere joining the investigation will not serve the purpose.”