DGP not guilty till proved — Haryana govt

Meanwhile, special magistrate Tyagi on Saturday issued a notice to Rathore for November 27 on an application filed by the CBI, seeking condoning of the delay in putting up the challan. The incident occurred in 1990, and under the law, the challan should have been presented in the court within three years of the incident.

Legal experts say the CBI has done the correct thing in moving the court to get the delay condoned as otherwise the accused can take advantage of this legal lacuna. They cited Bal Thakeray’s case which was dismissed on the same ground.

Highly-placed sources in the government said since the CBI had filed the chargesheet only under Section 354 (pertaining to molestation), any stern action was unlikely. The CBI hasn’t charged Rathore under Section 306 as reported earlier.

“Even the investigating agency has not supplied any authentic word to us regarding the case,” Bhagwan said. A final decision would be taken after the return of Chief Minister Om Prakash Chautala to Chandigarh on Monday. A meeting had been convened to discuss the issue on Monday, the Chief Secretary said.

Finance Minister Sampat Singh, who had been associated with the case in the early nineties, told The Indian Express over the phone that the law would take its own course. “Until the court convicts him, how can he be held responsible for any crime?” he asked. He said he did not remember exactly what had prompted him in 1993 to refer the case to another DGP who had recommended mild action.

Former DGP R R Singh had been deputed by then chief minister Hukam Singh in 1990 to conduct an inquiry which held Rathore guilty of molesting Ruchika and recommended registration of a case against him. The recommendations were endorsed by Financial Commissioner (Home) J K Duggal, but Sampat Singh, who held the Home portfolio, referred the case to another DGP who suggested departmental action.

Sampat Singh says: “I might have taken the decision according to the need of the hour but now all I have to say is that the law will take its own course.” He pointed out that even the Chief Minister had announced in Hisar that the state would not interfere in the legal process but that no action would be taken until somebody was proved guilty.

Rathore had allegedly molested Ruchika Girothra on August 12, 1990, in the office of Lawn Tennis Association in Panchkula. The girl committed suicide on December 29, 1993.

Turning down Rathore’s plea against the High Court order to register an FIR in the case, the Supreme Court had ordered registration of a case on November 14, 1999 and directed that investigations be completed within six months.