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Supreme Court upholds bail for Andaman ex-chief secretary in rape case
The apex court delivered its verdict on the appeals filed by the state and the complainant woman against the bail granted by the high court
The Supreme Court on Thursday dismissed petitions challenging the bail given to former Andaman and Nicobar Islands chief secretary Jitendra Narain in an alleged rape case.
The top court order came on separate appeals filed by the UT administration and the woman challenging the bail order passed by the Port Blair circuit bench of the Calcutta high court on February 20.
A bench of justices Vikram Nath and Ahsanuddin Amanullah said, “The high court was right in not dealing with the submissions as it will affect the ongoing trial. We have also refrained from referring to specific facts while dismissing the petitions.”
The Court directed the district court at Port Blair to expedite the trial and addressed the concerns of safety raised by the woman.
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“Some apprehensions have been raised by the woman about the safety of her family. The union territory administration is to adequately deal with her complaints”, the court said.
Narain was arrested in November following a complaint lodged by a 21-year-old who alleged that she was sexually assaulted by several persons, including Narain on the pretext of providing her a job.
Narain along with other accused, who were arrested in the case included businessman Sandeep Singh and then labour commissioner (now suspended) Rishishwar Lal Rishi.
According to the special investigation team (SIT) formed by the UT police, the incident occurred in March and April last year.
However, the FIR was lodged on October 1, 2022 after the woman approached the magistrate alleging police refused to register her complaint.
The delay in approaching the police was one factor noted by the top court which reserved the verdict on August 1.
The bench had asked the woman’s lawyer about her complaint being filed before the police for the first time in August even though Narain had been transferred out of the island in July last year.
At the time the complaint was filed in October, Narain was holding the post of chairman and managing director of Delhi Financial Corporation.
The government had suspended him on October 17.
The former chief secretary was accused under provisions of rape (IPC section 376) along with related provisions of abusing his position of power for committing this crime under sections 376C, 376D.
He was also accused of assaulting women with intention to outrage her modesty (IPC section 354), causing disappearance of evidence (IPC section 201), criminal conspiracy (IPC Section 120B), criminal intimidation (IPC Section 506) among other provisions of the IPC.
