Sexual assault case: SC notice to Bengal govt on BJP leaders' plea

New Delhi, Oct 25 The Supreme Court on Monday sought response from the West Bengal government and a woman complainant on a plea by senior BJP leader Kailash Vijayvargiya and others in a case of gang rape.

Senior advocate Mahesh Jethmalani, representing the petitioners, submitted before a bench headed by Justice M.R. Shah that the complainant alleged that she was raped in 2018, but the complaint was filed in 2020. The top court was informed that a closure report was filed, but the high court allowed a revision petition.

Senior advocate P.S. Patwalia, also appearing for the petitioners, urged the top court to grant protection to petitioners in the matter. On aspect of protection from arrest in the matter, the top court asked the petitioners to move the high court with their request for interim protection.

Petitioners' counsel cited the Constitution bench decision in the Lalita Kumari case and added that in the present case there was a preliminary enquiry, where it was found that there nothing substantial in the compliant.

They submitted that their clients were subjected to illegal investigation.

Senior advocate Kapil Sibal, representing the West Bengal government, contended before the bench he would not argue on the merits in the matter.

However, the top court reiterated that the petitioners should move the high court and scheduled the matter for further hearing after Diwali break.

The complainant had alleged the petitioners, including Jisnu Basu and Pradeep Joshi, committed rape on her at an apartment on November 29, 2018. She had also levelled the allegation of physical assault.

The petitioners had moved the top court aggrieved with the order passed by the Chief Judicial Magistrate, Alipore, who directed registration of an FIR against them.

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