Fix responsibility on all who shielded Rathore,says former HC judge

Their observation assumes significance as both dealt with the case when they were still judges of the High Court. Coming two days after another former judge,R L Anand,first told The Indian Express that justice had not been done in the case,the strong comments of the two judges Justices N K Sodhi and N K Sud only adds much-needed weight to the public clamour for stricter punishment for the former DGP.

This is too little. Every verdict in a criminal case has to send out a clear-cut message that similar acts by anybody in the future would invite a similar,if not stricter,punishment from the courts. Unfortunately,in the present case,no such message has been sent out. Considering his post and the nature of crime,it should have been a harsher verdict, Justice Sodhi,who now heads the Securities Appellate Tribunal,Mumbai,under the SEBI Act,told The Indian Express on phone.

It was the Division Bench of Sodhi and Sud which had ordered an inquiry by the Sessions Judge on the continuing harassment of the Girhotra family by the police,including lodging of false FIRs for vehicle theft against Ruchikas brother Ashu. The matter was taken up by the Bench headed by Sodhi after another judge,Mehtab Singh Gill,took suo motu notice of reports in The Indian Express which highlighted the instances of harassment.

The entire system has failed. A former chief minister (Om Prakash Chautala) is talking about a departmental inquiry that was ordered against Rathore. What happened to that inquiry and its report? Was Rathore indicted? Or was he promoted despite an adverse inquiry report? While nothing much can be achieved by demanding re-opening of the case as only a Bench of the Supreme Court can order a case under Section 306 (abetment to suicide) against Rathore,the government can and should fix responsibility on all who shielded Rathore, said Sud. Sud is now Lokayukta of Haryana.

Legal experts say a Bench of the Supreme Court comprising three or more judges the High Court decision to strike down the charge of abetment to suicide against Rathore was upheld by a two-judge Bench of the apex court in 2002 can only overrule the decision on dropping of Section 306.

Meanwhile,Union Law Minister Veerappa Moily on Friday said the Ruchika matter needed to be revisited. He,however,also said the rule of law should not be interfered (with) by anyone.

The case of this nature has been mistreated and whoever is responsible has to be appropriately dealt with. And a case of this nature needs to be revisited, he told reporters here. On the delay in deciding the case against Rathore,Moily said it was atrocious. Ruchikas case is atrocious and the delay is unpardonable, he said.