Gangrape case: Anticipatory bail plea of Andaman & Nicobar’s ex-chief secy rejected

Narain approached the sessions court after the Supreme Court on Monday said, “We are of the considered opinion that interest of justice would stand served by directing Respondent No. 2 (Narain) to make an application before the jurisdiction court to apply for anticipatory bail, as no useful purpose will be served by entering into the controversy at this stage and adjudicating the same on merits.”

A day after The Indian Express reported on the allegations, Narain was suspended on orders of the Home Ministry on October 17.

On October 20, the Delhi High Court had granted Narain interim protection from arrest till October 28. A day later, he approached the Calcutta High Court circuit bench, sitting at Port Blair, seeking extension of time, saying the next circuit bench would start only by November 14, by which time the protection to him will be over.

In its October 21 order, the circuit bench continued the relief and asked him to appear before the special investigation team (SIT) probing the case.

The Andaman administration challenged this before the SC, saying the accused approaching the Delhi and Calcutta HCs, “instead of…the jurisdiction sessions court at Port Blair, with a plea that no forum was available to him on account of vacation is nothing but a blatant attempt of forum shopping and abuse of process of law”.

On Monday, appearing for the UT administration, Solicitor General Tushar Mehta asserted that the statement given by the victim to the magistrate under CrPC Section 164 has already been corroborated by independent witnesses. Mehta said the accused has “already tampered with evidence”.

He pointed out that the co-accused in the case had gone to the jurisdictional court in the UT but the court denied him any relief. Appearing for Narain, senior advocate Mukul Rohatgi said the allegation of rape is of April 14, and that Narain was on an official visit to Delhi from April 11 to April 18.