Rathore bail plea rejected,HC sets Monday date

“We would like to talk to the Girhotras and the Prakashes and prepare solid grounds before arresting Rathore,” SIT chief Shatrujit Singh said.

The SIT feels that if Rathore is taken in for custodial interrogation at this stage,it won’t be easy for the CBI — which is likely to soon get charge of the case — to take him in again. “It is an old case that has already gone through so much legal process… We need to take every step with a caution,” Shatrujit Singh said.

Senior officers said the government was in touch with the Centre so that the notification handing the case to the CBI is issued at the earliest. The SIT will meet again tomorrow to take stock,they said.

Earlier,around 3.15 in the afternoon,an agitated Abha Rathore,Rathore’s wife and counsel,crashed the courtroom of Justice S S Saron of the High Court,and requested him to take up her appeal petition.

“Advocate (for the Girhotras) Pankaj Bhardwaj is demanding the arrest of the petitioner (Rathore). It is coming on television,” Abha Rathore told the court,seeking a stay on the arrest until Monday.

“Have you got the order of the (Panchkula) trial court (rejecting Rathore’s plea for anticipatory bail),” Justice Saron asked her. When she replied in the negative,the judge said,“How will the Registry pass the petition if you do not possess a copy of the judgment of the trial court?”

Abha told the court that her husband — who has been convicted for molesting teenager Ruchika Girhotra,and is now facing charges that he drove the girl to suicide — was being tried in the media.

“It is a case of media trial. The investigating agency has admitted that there is no evidence against Rathore. Neither the government nor the special investigation team has asked for the custodial interrogation of Rathore,still the trial court has turned down the anticipatory bail plea,” she said.

“We are not fighting against the government,we are fighting against the media. It is not the state but the media which is running the show. If the arrest is not stayed,the sword (of arrest) will remain on his (Rathore’s) head until Monday. The problem is of two holidays,Saturday and Sunday,” she pleaded. “Please stay the arrest.”

Justice Saron replied: “Even if the trial court has refused to grant anticipatory bail,the police are not bound to arrest the petitioner.” He asked Abha “not to worry”.

While declining to stay Rathore’s arrest,the judge,however,allowed Abha’s request for an early hearing of his two pleas for anticipatory bail — one appealing the trial court order,the other in connection with the new abetment to suicide (Sec 306 IPC) charge against him.

She can now argue the cases on Monday (January 11) even if she fails to obtain a copy of the Panchkula trial court judgment by then.