This is an archive article published on September 27, 2019

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UP police’s conduct in Swami Chinmayanand case raises serious questions. It will be watched

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By: Editorial

September 27, 2019 04:48 AM IST First published on: Sep 27, 2019 at 04:48 AM IST
The arrest on the basis of the accusation made by Chinmayanand’s counsel also raises questions over the prosecutorial viability of the original rape case. The arrest on the basis of the accusation made by Chinmayanand’s counsel also raises questions over the prosecutorial viability of the original rape case.

On Wednesday, a Supreme Court-mandated Special Investigation Team (SIT) of the Uttar Pradesh police arrested the law student who accused former Union minister and BJP leader Swami Chinmayanand of repeatedly assaulting her over a period of one year.

The arrest is based on an allegation of extortion by Chinmayanand’s lawyer, and the charge itself emerged only after the accusations of rape and assault were made by the student on social media. The SIT has also acknowledged to the court that it has no record of any money being exchanged between the politician-turned-education entrepreneur and the victim. The UP police’s conduct in such a high-profile case thus far raises disturbing questions of procedure and propriety.

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The allegations against Chinmayanand were made on August 24, but it was only when a bench of the Supreme Court took suo motu cognisance of the matter a week later and ordered the UP government to set up an SIT that the investigation commenced. Why did the state police need a direction from the apex court to take action on a matter that is well within its provenance?

The victim had also demanded that Chinmayanand, who heads the trust of the college where she studies, be charged with rape — the SIT has charged him with “misusing authority for sexual intercourse” or “sexual intercourse not amounting to rape”, which carry a lesser sentence than a rape charge.

The arrest on the basis of the accusation made by Chinmayanand’s counsel also raises questions over the prosecutorial viability of the original rape case. Her father and brother have alleged that they are being pressured and intimidated to stop pursuing the case against Chinmayanand.

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On Tuesday, a day before the student was arrested, UP Chief Minister Yogi Adityanath had spoken of women’s rights and welfare while interacting with women who had been victims of triple talaq. He also thanked Prime Minister Narendra Modi for “honouring the dignity of women”.

Indeed, “Beti Bachao, Beti Padhao” has been a slogan of the ruling party that has resonated across the country. The UP police, which has a controversial record of being high-handed — it has been accused of staging encounters — must live up to that slogan. The way it handles the case against Chinmayanand, as well as how it proceeds against the young woman who accused him, will be closely watched.

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