Chandigarh: The Haryana Government, which
was questioned by the Punjab and Haryana High Court on how
disgraced former DGP SPS Rathore was promoted despite facing
molestation charge in Ruchika case, on Friday filed its reply in a
sealed envelope before the court here.
The government counsel filed the reply before Division
Bench comprising of Acting Chief Justice Ronjan Gogoi and
Augustine Masih while hearing a PIL filed by a local advocate
seeking a fresh case against Rathore for abetment to suicide
of teenager Ruchika Girhotra.
On December 21 last year, the High Court had rapped
the Haryana government on Rathore`s promotion to the rank
of DGP who has since been convicted of molesting 14-year-old
Ruchika Girhotra and sentenced to 18-month imprisonment.
The Division Bench comprising the then Chief Justice
Mukul Mudgal (now retired) and Justice Gogoi had sought
details from the Haryana government in this regard and also
reports on the investigations into the three fresh FIRs filed
However, the High Court today directed that the
closure reports filed by the CBI in two of these FIRs will now
be taken up in the trial court at Ambala.
The Division Bench directed that under the provisions
of the code of criminal procedure it is the trial court which
should deal with the matter and pass appropriate orders on the
report of the investigation.
"There would be serious doubts as to whether the court
would be justified in embarking up an action, which really
belongs to the domain of trial court under the provisions of
the code of criminal procedure," the High Court said.
The court fixed the next date of hearing for March 24.
After spending close to six months behind bars,
Rathore walked free in November after the Supreme Court
granted him bail.
Ruchika, a budding tennis player, committed suicide
three years after being molested by Rathore on August 12,1990.
CBI had recently filed closure reports in the
Special CBI court in Ambala in two fresh cases related to
alleged tampering of documents and the custodial torture of
Ruchika`s brother Ashu.