Supreme Court of India

NEW DELHI: The Supreme Court on Tuesday refused to cancel bail granted to BJP leader Swamy Chinmayanand in a sexual exploitation case lodged against him by a law student, but agreed to hear a plea filed by the victim’s father who has sought transfer of trial from Lucknow to Delhi.

A bench of Justices Ashok Bhushan and Navin Sinha said the Allahabad HC order granting bail to Chinmayanand did not warrant any interference and dismissed an appeal filed by the girl’s father. The court said the HC imposed conditions on the accused and the victim’s family can seek cancellation of bail in case of any violation.

Senior advocate Colin Gonsalves , appearing for the petitioner, alleged that the HC did not take into account the girl’s complaint on how she was sexually abused and granted bail to the accused wrongly by observing that both used each other. He said police had not even slapped charge of rape against the accused and provision of Section 376C of IPC was invoked which refers to sexual intercourse not amounting to rape.

The bench, however, said charges in the case had not been framed so far and rape charge could be slapped at the time of framing of charges.

Referring to the Unnao case in which the victim and her family members were attacked and harassed, Gonsalves further contended that Chinmayanand is a very influential person and there is threat to the girl and her family after he was allowed to come out on bail. He said the accused may tamper with the evidence and may influence witnesses. But the bench said security cover has been provided to the family members.

“The security given to the family is not given to a common man. Police personnel with armed gunners have been given to the girl and family members to protect them. This is something what a high court judge gets. It is not ordinary,” the bench observed. The court said it understood the anxiety of the petitioner but the HC is monitoring the case and it cannot go on the presumption that whatever he is saying is right.

Senior advocate Siddharth Luthra , appearing for Chinmayanand, accused the petitioner of suppressing facts by not disclosing to SC that FIR had also been lodged against the girl for extortion of money from Chinmayanand.

The court, however, agreed to hear the plea seeking transfer of trial out of Lucknow to Delhi and issued notice to the state government and Chinmayanand. But the bench refused to stay the trial proceedings.

On September 2, the Supreme Court had directed the UP government to constitute a special investigation team to probe the charges of sexual harassment against Chinmayanand.

Chinmanayand was arrested on September 20 by the SIT in Shahajahanpur and was released on bail on February 5. The SIT also registered a case against the woman, her three friends and an unnamed person, alleging that they tried to extort money from Chinmayanand. The woman and her three friends were later arrested. The high court granted her bail on December 4.

