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Akhilesh behind 2011 'rape' case against
Rahul, SC told
Monday September 10, 2012 08:17:02 PM,
IANS
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New Delhi:
A lawyer Monday told the Supreme Court that a 2011 rape and
wrongful confinement case against Congress leader Rahul Gandhi in
Allahabad High Court was filed at the instance of Akhilesh Yadav,
the current Uttar Pradesh chief minister.
An apex court bench of Justice B.S. Chauhan and Justice Swatanter
Kumar was told this by counsel Kamini Jaiswal in the course of the
hearing of a petition by Kishore Samrite who has challenged a high
court order directing a Central Bureau of Investigation (CBI)
probe against him and imposing a cost of Rs.50 lakh.
The apex court stayed the operation of the high court order in
April.
Jaiswal, appearing for Samrite, told the court that he had
received instructions from Pandara Road asking him to move the
high court for implicating Rahul Gandhi.
When Justice Swatanter Kumar sought a clarification on the Pandara
Road dimension of the case, Jaiswal said that the instruction came
from the current chief minister and the leader of the party.
"He (Kishore Samrite) had been given instruction from Pandara Road
to file the petition," she said.
"Why don't you disclose (the identity of the person)?" asked
Justice Swatanter Kumar.
Jaiswal replied: The "present chief Minister and the leader of the
party. I have given this statement to the CBI."
As Jaiswal named Akhilesh Yadav, senior counsel Ratnakar Dash,
appearing for the Uttar Pradesh government, denied the involvement
of Akhilesh Yadav in the alleged implication of Rahul Gandhi and
his friends in the rape case of the girl.
The court adjourned the hearing till Sep 17 as Dash said that he
would like to take instructions and file an affidavit countering
the allegation.
Rahul Gandhi in an earlier affidavit had denied the rape
allegation saying: "I emphatically deny the allegation of rape and
detention of the writ petitioner by me and say both these
allegations are false, malicious and baseless and no cognizance
could be taken by any responsible person of such allegations made
on a website."
The Congress leader sought the dismissal of the petition
challenging the high court order absolving him of the allegation
of illegal detention and rape of a girl in his Amethi Lok Sabha
constituency in Uttar Pradesh.
Samrite challenged the March 7, 2011 order of the high court by
which it directed a CBI probe against him and imposed a cost of
Rs.50 lakh on him.
The high court ordered that out of Rs.50 lakh cost, Rs.25 lakh
were to be paid to the girl who was named as the alleged victim,
Rs.20 lakh to Rahul Gandhi and Rs.5 lakh to Uttar Pradesh Police
for tracing the alleged victim.
Jaiswal recounted the sequence of steps taken by Samrite in making
representation to the governor, the then chief minister, assembly
speaker, the National Human Rights Commission and the National
Commission for Women.
Justice Chauhan observed that in this case except for the affected
parties everyone was active. "The real people are not coming and
others are coming either for publicity or to serve some other
people."
Jaiswal said that "there can be no smoke without fire. If there
was nothing then how could so many things happen".
Taking note of the great urgency with which the CBI acted, Justice
Chauhan observed: "In this case every one acted in great urgency.
Police and even the registrar of the high court."
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