Delhi HC pulls up police for not arresting Daati Maharaj in rape case

Transfers probe to CBI

New Delhi: The Delhi High Court on Wednesday pulled up the police for not arresting self-styled preacher Daati Maharaj in a sexual assault case and transferred the matter to the CBI.

A bench of Chief Justice Rajendra Menon and Justice V K Rao allowed the complainant woman's plea to transfer the matter to the CBI, saying the manner in which Delhi Police carried out the probe "casts a shadow on the investigation". 

The bench said that police did not arrest the accused in the case even after recording of the complainant's statement before a magistrate under Section 164 of the Criminal Procedure Code (CrPC). 

Delhi government standing counsel (criminal) Rahul Mehra, appearing for the police, said arrests were not made as there were discrepancies and contradictions in the woman's statement. 

He also said that other women, who according to the complainant were also assaulted by the accused, have denied such allegations when they were questioned. 

Mehra further said that Crime Branch of Delhi Police on October 1 filed a charge-sheet in the trial court, which is hearing the matter, and added that it was based on the woman's statement. 

The bench, however, did not accept the contentions, saying, "Why were the accused not arrested? Once there was a 164 statement, you should have arrested him and if there were any discrepancies or contradictions in her statement, they would have been grounds for grant of bail." 

The court said that the manner in which the other women witnesses were questioned, by taking all of them together in one bus "as if for an excursion", did not inspire confidence in the investigation. 

"Let the matter be transferred to CBI. It can file a supplementary charge sheet. CBI to submit a preliminary report in three weeks (on status of probe)," the court said. 

The bench was hearing two pleas, one by the complainant and another a PIL, seeking transfer of the case to the CBI.