SC stays Karnataka HC order allowing SIT to submit report on Ramesh Jarakiholi

On February 3, the High Court has cleared the deck regarding the filing of the final report of the investigations by an SIT before a session court while leaving the question of the legality of the constitution of the SIT open for arguments.

SC stays Karnataka HC order allowing  SIT to submit report on Ramesh Jarakiholi

New Delhi: The Supreme Court has stayed the High Court order allowing Special Investigation Team (SIT) to submit an investigation report regarding alleged rape charges against former BJP minister Ramesh Jarkiholi.
Due to stay order, Mr. Jarkiholi has received a jolt as he desires to come back to the Basavaraj Bommai cabinet. Mr. Jarakiholi has been putting pressure on BJP central leadership to come back to the Cabinet. Due to stay order, his return to the Cabinet is unlikely. 
On February 3, the High Court has cleared the deck regarding the filing of the final report of the investigations by an SIT before the session court while leaving the question of the legality of the constitution of the SIT open for arguments.
It was stated that SIT has decided to file a B report in the case. However, the petitioner (rape victim) has contended that in absence of SIT chief who is on leave, SIT can not file an investigation report. 
Rape victim (Petitioner) has further argued before the Supreme Court that “SIT has formed due to political compulsion. We don’t have any faith in SIT probe. SIT is contemplating to file a B report discharging Jarakiholi from rape charges The High Court order allowing SIT to file a report before the appropriate court would bring injustice to me”, the petitioner has contended before the court. 
The Supreme Court has also suggested the Karnataka High Court verify whether the constitution of SIT to probe the matter is in accordance with the law. Once High Court decides the matter, then only Session Court will proceed with the hearing of the matter. High Court has adjourned the matter to March 9. 
While allowing SIT to submit an investigation report, the High Court observed that 
 “We are of the prima facie view that once (the) investigation is completed and it has been accepted and approved by the head of the SIT there is no reason to restrain the investigating officer from submitting the report to a competent court,” the high court stated in the order. 
High Court interim order was cleared the decks to Mr. Jarakiholi to return to the cabinet in Karnataka, after being forced to quit in March 2021 due to the rape allegations.
The investigations by the SIT have found inaccuracies in the rape allegations made by the woman, sources in SIT said. 
The SIT moved an application in the Karnataka High Court on January 6 for permission to file a report on its investigation into a case pertaining to allegations of sexual assault filed against the BJP MLA, Ramesh Jarkiholi by a woman.
A rape victim woman has approached the high court against the setting up of the SIT and has sought quashing of the SIT investigations. She has argued that the investigation was not carried out as per the Criminal Procedure Code.
Ramesh Jarkiholi was forced to resign from the post of water resources minister on March 3, 2021, after a sex CD was broadcast on television channels on March 2, 2021.