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This is an archive article published on December 9, 2000

HC takes up Ashu Girhotra’s cause, issues DGP Rathore notice

CHANDIGARH, DECEMBER 8: Justice Mehtab Singh Gill of the Punjab and Haryana High Court today took suo motu notice of a report by Indian Ex...

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CHANDIGARH, DECEMBER 8: Justice Mehtab Singh Gill of the Punjab and Haryana High Court today took suo motu notice of a report by Indian Express staffer Mukesh Bhardwaj, published in Chandigarh Newsline on December 5, on the excesses committed by the Haryana police in falsely implicating Ashu Girhothra — brother of Ruchika, who was allegedly molested by former Haryana DGP SPS Rathore — in six cases of auto theft.

The judge also issued notices to the State of Haryana, the Chief Secretary and Home Secretary, Haryana, Rathore (who is currently on long leave), and the then SHO of Panchkula police station to show cause as to why they should not be burdened with compensation to be paid to Ashu for filing of the cases.

The court’s registry branch has been directed to register the news item published in Chandigarh Newsline as a Civil Writ Petition. It will be put before an appropriate bench according to the roster after obtaining the order from the Chief Justice of the High Court.

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After going through the news item, the judge observed: “As reported in Chandigarh Newsline, sx FIRs were registered between September 6, 1992 and August 30, 1993 against Ashu Girhothra…who happened to be the brother of Ruchika, complainant against Haryana DGP S.P.S. Rathore. In all six cases, challans were put up and the trial court in its judgment discharged the accused at the time of framing charges. These judgments have been delivered after going through the challans put up by police of Panchkula and after finding that no prima facie case was made out against the accused Ashu and his co-accused Sandeep”.

The judge further observed:“After going through the judgments of the trial court, it has come out that there was a deliberate attempt to falsely implicate Ashu Girhothra and Sandeep by Panchkula police officials. These police officials, it seems, were let loose on these teenaged boys by SPS Rathore, against whom an FIR had been lodged under Section 354 IPC by Ashu’s sister Ruchika. The only fault of Ashu being that he was the brother of Ruchika.”

He observed that it seemed that with registration of these false FIRs, life was being made difficult for Ashu, who was tortured, humiliated and terrorised, (and) “would never out of fear come forward to claim compensation”.

Chronology of a case

Aug 12, 1990: Rathore allegedly molests Ruchika Girhothra
June 30, 1992: Haryana Law Dept recommends registration of case under Section 354 (molestation) against Rathore.
Sept 6: Haryana police register FIR (no 139) of auto theft against Ashu
March 29, 1993: Second FIR (no 47) of auto theft
April 15: Third FIR (no 57) of auto theft
May 10: Fourth FIR (no 65) of auto theft
June 12: Fifth FIR (no 96) of auto theft
Aug 30: Sixth FIR (no 127) of auto theft
Dec 29: Ruchika dies. No further cases.
April 30, 1997: Cases go to trial court, Ashu acquitted of all charges

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