NEW DELHI: The Centre and the CBI on Monday told the Supreme Court that it should scrutinise the chargesheet filed by Odisha police into the politically sensitive alleged rape and murder of a five year old girl last year as there are widespread apprehensions in local public mind about the child being killed by mafia indulging in illegal organ harvesting racket.
During the hearing on a writ petition filed by victim’s mother Saudamini Sahoo, solicitor general Tushar Mehta, appearing for the Centre and the CBI, told a bench of Justices A M Khanwilkar and Sanjiv Khanna that even in politically motivated proceedings in 2005 cases relating to fake encounter killings of Sohrabuddin and Tulsiram Prajapati, the SC had decisively intervened after filing of the chargesheet and had ordered fresh probe by the CBI.
“Here the allegations are serious. A small five-year-old girl child in Nayagarh was allegedly sexually assaulted before being murdered. Her skeletal remains were found and locals suspect that the murder was part of several crimes committed by a mafia running a illegal orgn harvesting racket. The Supreme Court can examine the chargesheet filed by Odisha police,” Mehta pleaded.
Appearing for the state, senior advocate Kapil Sibal and advocate general Ashok Parija said the investigation was carried out by SIT and it was monitored by the Orissa High Court, which has expressed satisfaction over the investigations. Since the chargesheet has been filed, the SC must not interfere and allow the trial to commence, Sibal said, adding that the plea for CBI probe is politically motivated.
Appearing for the petitioner, senior advocate Mahesh Jethmalani said it was unfortunate to brand the case of a mother, who lost her child in unfortunate circumstances, as politically motivated. The bench asked Jethmalani that since the Odisha HC has passed certain orders relating to filing of chargesheet, the petitioner should consider whether to file an appeal against those orders. It kept the writ petition of Sahoo pending while asking her counsel to inform the court within a week whether or not she would file an appeal against the HC order.
Sahoo had consistently raised doubts over the efficacy of the SIT probe, especially when the sleuths overlooked her complaint to investigate the ‘main accused’. She had identified one Babuli Nayak, a close associate of Minister Arun Sahoo, as the real accused behind the crime who, she had claimed, was not properly investigated by the SIT. She had moved the SC seeking CBI probe into the incident.
She had repeatedly questioned the SIT and alleged that it had falsely implicated a juvenile in the case to allow the real culprits go scot-free. The juvenile, arrested by the SIT, has refused to undergo a brain-mapping test. A POCSO court had rejected SIT’s plea for subjecting the juvenile to a narco-analysis test.
During the hearing on a writ petition filed by victim’s mother Saudamini Sahoo, solicitor general Tushar Mehta, appearing for the Centre and the CBI, told a bench of Justices A M Khanwilkar and Sanjiv Khanna that even in politically motivated proceedings in 2005 cases relating to fake encounter killings of Sohrabuddin and Tulsiram Prajapati, the SC had decisively intervened after filing of the chargesheet and had ordered fresh probe by the CBI.
“Here the allegations are serious. A small five-year-old girl child in Nayagarh was allegedly sexually assaulted before being murdered. Her skeletal remains were found and locals suspect that the murder was part of several crimes committed by a mafia running a illegal orgn harvesting racket. The Supreme Court can examine the chargesheet filed by Odisha police,” Mehta pleaded.
Appearing for the state, senior advocate Kapil Sibal and advocate general Ashok Parija said the investigation was carried out by SIT and it was monitored by the Orissa High Court, which has expressed satisfaction over the investigations. Since the chargesheet has been filed, the SC must not interfere and allow the trial to commence, Sibal said, adding that the plea for CBI probe is politically motivated.
Appearing for the petitioner, senior advocate Mahesh Jethmalani said it was unfortunate to brand the case of a mother, who lost her child in unfortunate circumstances, as politically motivated. The bench asked Jethmalani that since the Odisha HC has passed certain orders relating to filing of chargesheet, the petitioner should consider whether to file an appeal against those orders. It kept the writ petition of Sahoo pending while asking her counsel to inform the court within a week whether or not she would file an appeal against the HC order.
Sahoo had consistently raised doubts over the efficacy of the SIT probe, especially when the sleuths overlooked her complaint to investigate the ‘main accused’. She had identified one Babuli Nayak, a close associate of Minister Arun Sahoo, as the real accused behind the crime who, she had claimed, was not properly investigated by the SIT. She had moved the SC seeking CBI probe into the incident.
She had repeatedly questioned the SIT and alleged that it had falsely implicated a juvenile in the case to allow the real culprits go scot-free. The juvenile, arrested by the SIT, has refused to undergo a brain-mapping test. A POCSO court had rejected SIT’s plea for subjecting the juvenile to a narco-analysis test.
