Delhi HC grants transit anticipatory bail to senior IAS officer Jitendra Narain in alleged rape case

Narain’s bail application was listed before a single-judge bench of Justice Yogesh Khanna, who granted him transit anticipatory bail until October 28.

The court held: “It would not be appropriate to consider the allegations and counter allegations at this stage as it may prejudice the case of either party. Rather it would be in the fitness of things, the court concerned who is seized of the matter should look into merit/demerit of the case.”

On October 15, The Indian Express had reported that on October 1, an FIR was lodged against Narain and RL Rishi, posted as labour commissioner in Andaman & Nicobar Islands, at the Aberdeen police station, Port Blair, based on the woman’s complaint. The police have set up a Special Investigation Team (SIT) to probe the allegations. In the FIR (No. 165/2022), the complainant has asked that CCTV footage from Narain’s house should be collected and that she would identify his staff who should also be questioned.

The woman’s complaint gives a detailed account of the purported violent sexual attack on her on two occasions in April and May at Narain’s official residence in Port Blair.

She has alleged in her complaint, that while searching for a job she was introduced to the labour commissioner through a hotel owner and the commissioner took her to the residence of the chief secretary. There, she said, she was offered liquor which she refused and was assured government employment. Subsequently, she alleged, she was brutally and sexually abused by the two men.

She has further alleged that two weeks later she was again called at 9 pm to the chief secretary’s residence and the assault was repeated. Instead of the promised government job she was allegedly threatened with dire consequences if she spoke about the matter to anyone.

The HC noted that the petitioner, Narain, was only asking for protection to avail “legal remedy before the Court at Circuit Bench at Andaman and Nicobar Islands at Port Blair”, which is functional until October 28.

“Considering the submissions and without giving any opinion on merits, I deem it appropriate to allow the petitioner to avail his legal remedy to approach the Court at Port Blair till 28.10.2022 and is protected only till that date,” the HC held. The court further directed that the order of protection from arrest shall automatically be vacated on October 29 and that no further extension shall be given to Narain.

The counsel appearing for Narain argued that this was a false, motivated and malicious complaint lodged against him by the woman. It was argued that the woman, in her first complaint, gave two dates – April 14 and May 1 – to the SHO concerned, claiming that she was called by Narain at his residence at about 9 pm and stayed there till 11 pm, where he along with an official named Rishi allegedly raped her.

It was argued that Narain was not in Andaman and Nicobar Islands between April 11 and April 18 but was in Delhi. The court noted this fact was not denied by the counsel for the respondent state.

It was also the petitioner’s case that he had made various representations before the Lieutenant Governor of Andaman and Nicobar Islands, the Director General of Police and Chief Secretary of the State, stating that on both dates he was either at Delhi or guests were in his house, alleging that the complaint “appears to be motivated”.

It was submitted that it was only after his representations made on October 2, October 3 and October 5 that the statement of the woman was recorded again, wherein she “expanded the days of the incident”. Senior Advocate Vikas Pahwa and advocate Gaurav Gupta appeared for Narain.

The Special Public Prosecutor, appearing for the state of Delhi, argued that bail should not be granted, “looking at the gravity of the offence”. It was stated that there are “clear and categorical allegations” against the petitioner having sexual intercourse with the woman on two instances against her consent and such statements alone are enough to convict him. He argued that the woman was “coerced on the pretext of getting a job and the petitioner wielding high official position, has committed this offence, hence no indulgence be given”.

Rajat Nair, Special Public Prosecutor, appeared for the State of Delhi.

He argued that there is sufficient evidence against Narain based on the woman’s statement under Section 161 and 164 of the Code of Criminal Procedure (CrPC), which is “corroborated by the statement of a protected witness” made under Section 164 of the CrPC as well as electronic evidence gathered so far. He further argued that there were “instances of tampering of evidence” by the petitioner as well.

The Centre issued a statement suspending Narain with “immediate effect” after the Home Ministry received a report on the matter from Andaman and Nicobar police on October 16.

“The Government is committed to ensuring zero tolerance towards the acts of indiscipline by its officials irrespective of their rank and status, especially with regard to incidents involving the dignity of women. An FIR has been registered and action in the criminal case is being taken separately by the SIT of Andaman & Nicobar Police,” the Home Ministry statement added.