This Article is From Jan 09, 2010

What's holding up Rathore's arrest?

What's holding up Rathore's arrest?
Panchkula: Former Haryana DGP SPS Rathore, the man who molested 14-year-old Ruchika Girhotra 19 years ago, remains a free man despite three fresh FIRs against him for torturing Ruchika's brother, abetting her suicide and forging her inquest report.

On Friday, a Panchkula court dismissed the bail plea of the former top cop. This means he can be arrested now and the CBI can ask for his custody.

But it seems the Haryana Police and the CBI are in no hurry to arrest Rathore.

Haryana police say they don't need to take him into custody for questioning since the Special Investigation Team has recommended a CBI enquiry.

But the CBI cannot arrest him since they are yet to begin their investigations into the case.

Sources say the CBI is taking legal opinion on how to make their case watertight so that they will not fall apart in court.

Opposing bail on Thursday, Ruchika's family lawyer Pankaj Bhardwaj hadpleaded that custodial questioning of Rathore was required to bring outall the facts.

Reacting to the court verdict,  Anand Prakash, thefather of Ruchika's friend Aradhna, said on Friday: "Justice hasprevailed, truth is coming out."

This was a second shot in thearm in quick succession for family and friends fighting for Ruchika. OnThursday, an inquiry by a sub-divisional magistrate into the role ofRuchika's school had slammed Sacred Heart school for discriminatingagainst Ruchika by expelling her a month after she was molested byRathore. (Read: Ruchika was expelled under 'outside influence')

The harassed teenager killed herself in 1993, three years after Rathore molested her. (In pics: The Ruchika story)

Thecourt had on Thursday slammed the Haryana police for failing to provideevidence against Rathore and for not opposing his appeal for bail. Ithad said it would decide on his plea for anticipatory bail today.

Rathorecurrently has three police cases - including one for abetment ofsuicide - against him, all filed by Ruchika's friends and family. Theteenager killed herself in 1993, three years after Rathore molestedher.  The most serious charge against Rathore accuses him of drivingRuchika to kill herself by harassing the teenager and her family aftershe complained against him in 1990.  This is a non-bailable offence. (In pics: Rathore's smile fades)

Theother two cases accuse Rathore of using his office as a seniorpoliceman to  imprison Ruchika's brother on false pretexts, and oftampering with her post-mortem reports.    

The Haryanagovernment has set up a Special Investigation Team (SIT) to look intothese cases.  Slamming this team on Thursday, the judge said, "TheSpecial Investigation Team (SIT) was constituted seven days ago andthis time is enough to collect evidence. But SIT has not been able tocollect any evidence against Rathore. You have senior officers in theSpecial Investigation Team, then why is there a delay?"

Thejudge pointed out that the Haryana police and the government had notasked for permission to interrogate Rathore in custody either.

Rathoreis being defended by his wife, Abha, who is a lawyer.  On Thursday, sheargued that the cases againt Rathore are not valid because thesecharges against her husband have already been examine din the past anddismissed by the Supreme Court.

"Media is describing Rathore asa molester, a monster and an animal. Media is pronouncing its ownjudgement holding him guilty and it appears that the media has takenover the justice system," she told the court. (Watch: Media showing wrong facts: Abha Rathore)

Abha also launched a smear campaign against Ruchika and Aradhna's families.

Sheclaimed that Ruchika's father S C Girhotra is embroiled in corruptioncharges and pointed out that Anand Prakash, father of Aradhna, who isthe only witness to the molestation, retired prematurely as he wascharged with corruption.

She also added that Ruchika's fatherhad remarried and claimed that her step-mother Veena Girhotra wasresponsible for her suicide, an allegation that Ruchika's family calleddiversionary. (Read: Who is Veena Girhotra?)

Opposingbail, Ruchika's family lawyer Pankaj Bhardwaj pleaded in  court thatcustodial questioning of Rathore was required to bring out all thefacts. He said Ruchika's inquest report had been fudged and casesagainst her brother Ashu were fabricated at the behest of Rathore. Documentary proof suggested, he said, that Rathore managed everythingto get away.
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