SC dismisses plea against ex-Andaman and Nicobar Islands Chief Secretary

Supreme Court Dismisses Challenges to Bail Granted to Former Andaman and Nicobar Chief Secretary

In a recent development, the Supreme Court has dismissed multiple pleas challenging the bail awarded to Jitendra Narain, the former Chief Secretary of the Andaman and Nicobar Islands, in connection with a rape case. Narain had been granted bail by the Port Blair circuit bench of the Calcutta High Court on February 20.

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The apex court’s decision came in response to appeals lodged by both the state and the complainant woman, contesting the high court’s decision to grant bail.

“We have dismissed all the petitions,”

stated a bench comprising Justices Vikram Nath and A Amanullah. Further emphasizing the need for a swift trial, Justice Nath added,

“We have directed the trial court to expedite the trial also in which all cooperation will be extended by the respective parties.”

The bench took note of concerns raised by the complainant woman about potential threats to her family and herself. In light of these concerns, the top court has directed the Union Territory administration to ensure that any complaints made by the woman are addressed adequately.

The court also highlighted its restraint in discussing specific details of the case.

“We find that the high court was right in not dealing with the respective arguments otherwise that would ultimately affect the trial or merits of the case. We have also refrained ourselves from referring to specific facts, although we have noticed some,”

the bench remarked.

The complainant, a 21-year-old woman, alleges that she was sexually assaulted by Narain and others after being enticed to the then Chief Secretary’s residence with the promise of a government job. Narain was taken into custody on November 10 of the previous year, following an FIR lodged on October 1, 2022. At the time, he held the position of chairman and managing director of the Delhi Financial Corporation. The government subsequently suspended him on October 17.

A Special Investigation Team (SIT) delved into the allegations, suggesting that the woman was lured to the Chief Secretary’s residence with the promise of a government job and was subsequently raped by multiple individuals, including Narain. The SIT submitted a comprehensive 935-page charge sheet on February 3, detailing the evidence against the accused.

The prosecution’s attorney contended that there was no justification for granting bail to Narain, especially given the substantial evidence against him. The lawyer also pointed to the alleged destruction of evidence, including CCTV footage, asserting that the complainant’s statement alone was sufficient to establish a rape case.

In contrast, the defense argued that Narain was ensnared in a “strategically created” case that was blown out of proportion. Narain’s legal counsel emphasized that he had met all bail conditions and argued against a mini-trial at this juncture.

The charge sheet implicates Narain, businessman Sandeep Singh (alias Rinku), and suspended labour commissioner Rishishwarlal Rishi. It is grounded in the testimonies of nearly 90 witnesses, forensic findings, and electronic evidence. The accused face charges under various sections of the Indian Penal Code (IPC), including rape, criminal intimidation, criminal conspiracy, defamation, and more. Notably, the charge sheet accuses Narain of leveraging his official position to obliterate evidence at his residence.

This case continues to draw significant attention, and further developments are keenly awaited.

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Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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