With frivolous pleas,Rathore delayed verdict in case,CBI never objected

* The CBI prosecutor has disturbed the court proceedings today.

* Anand Prakash intimidates defence witnesses.

* I was known to the judge’s father,had visiting relations…

These are some of the applications S P S Rathore used to move demanding adjournments or transfer of trial from one court to another whenever trial in the Ruchika Molestation Case neared a conclusion.

Rathore did not spare anybody. Be it his senior R R Singh,former DGP of Haryana; Anand Prakash and his family; Ashu,brother of the victim; special CBI judges presiding over the case; mediapersons; prosecuting lawyer; or counsel for Anand Prakash,the former DGP dragged each one of them into a number of frivolous pleas.

Result: He managed to drag a molestation case for nearly two decades as the hearings passed on to seven judges. What is more shocking is that Rathore was not alone,the premier investigating agency also seemed to have no qualms in inordinate delay caused in the case.

Numerous applications demanding adjournments,quashing miscellaneous applications and transfer of trial accessed by Newsline,reveal that the CBI didn’t object to the transfer of trial from Ambala to Patiala and Patiala to Chandigarh demanded by Rathore.

The ground taken by the CBI in not objecting to the transfer of trial,at a stage when it was to conclude,was to ensure “speedy trial”.

Consider this: On January 23,2006,Rathore moved an application demanding transfer of trial from Ambala CBI Special Magistrate Ritu Garg to any other court. The application was moved when evidence of only two prosecution witnesses was remaining.

“I was posted as SSP,Ambala,in 1980-81. At that time,father of Ritu Garg was posted as Sessions Judge in Ambala. I had visiting relations with him. Ritu Garg and my children were friendly with each other. Thereafter,my son Rahul Rathore was friendly with Ritu Garg and her husband when they were studying law at Panjab University. Thus,it would not be in the interest of justice that proceedings in the trial against petitioner be held at the CBI Court in Ambala” reads the application filed by Rathore.

Surprisingly,the CBI didn’t object to this at all. “CBI has no objection if the trial is transferred to any other court at Ambala so that the trial proceedings are concluded expeditiously” reads the reply of S S Lakra,the then Additional Superintendent of Police,New Delhi,filed in February 2006.

The case was shifted to the Patiala CBI Court.

Again when the case was at the last stage,Rathore accused the then Special CBI Judge,Patiala,Rakesh Kumar Gupta of overawing the defence witnesses and scolding Rathore. This time also the CBI did not object to transferring of the case to Chandigarh and gave its consent.

However,this was noticed by Justice S D Anand of the High Court who directed the CBI and Rathore to give an undertaking that the two parties will not file any “interlocutory application till the conclusion of the case”.

The then Special Judge,Patiala,had recorded findings against the misconduct of Rathore. “The learned Judge lost his cool and threatened that he would record in the proceedings that my counsel was interfering with the proceedings” reads the application filed by Rathore. The judge had strongly deplored the conduct of Rathore for repeatedly disrupting court proceedings.

A ‘sensitive’ Rathore had even cited in the application that the judge had asked for his (Rathore’s) response by uttering “Yes?”.