Chandigarh, May 25
The former Haryana DGP may have been sentenced for molesting a teenager but he is yet to be prosecuted for misusing his office to lodge false cases against the brother of the deceased, for holding him in illegal detention, for manipulating official records and for fabricating evidence.

Now, pressure is bound to build up on the Haryana government to take action on these counts.

The Panchkula police on December 30, 2009, had booked four persons, including Rathore, for attempt to murder, illegal detention and forging documents in connection with the Ruchika murder and suicide case. Sub-Inspector Prem Dutt and 
Assistant Sub-Inspectors Jai Narayan and Sewa Singh were the other accused against whom the cases were registered.

Incidentally, the FIR against Rathore and other accused was first lodged on the 16th death anniversary of Ruchika, who had allegedly committed suicide on December 29, 1993. The cases were registered against Rathore and other police officials after Ruchika’s father, Subhash Chander Girhotra, and her brother Ashu lodged two separate complaints with the Panchkula SP.

Girhotra, in his application, had demanded registration of cases against Rathore and others under Sections 307 (attempt to murder), 182 (false information with intent to cause public servant to use his lawful power to the injury of another person) and 195-A (threatening a person to give false evidence) of the IPC.

Similarly, Ashu in his complaint had alleged that the accused not only connived to keep him in illegal detention, but also forged records to legitimise their action.

In yet another complaint filed on December 31, Ashu Girhotra urged the Panchkula police to register a case for abetment to suicide against Rathore.

Ashu also sought action against the then Ambala SP, KP Singh, ASI Jai Narayan, SI Prem Dutt and ASI Sewa Singh under Sections 306/107/108 and 120-B of the CrPC. (Panchkula was part of the Ambala police district at that time). After the registration of cases, the Panchkula police had handed over the investigation of the fresh cases to the Central Bureau of Investigation (CBI). 

Panchkula, May 24
Life was never again easy for the Prakashs and the Girhotras after they complained against former DGP SPS Rathore for molesting Ruchika. Though the two families were repeatedly threatened for their “misadventure”, Rathore left no stone unturned to harass them. Even the mediapersons who came forward to help the families had to face criminal proceedings.

Anand Prakash, who was superintending engineer in Marketing Board of Haryana, was promoted as chief engineer in December 1990 on seniority-cum-merit basis. But, he was reverted back within six months. Anand was slapped with 16 departmental cases between July 1991 and 1996 before he was compulsorily retired on June 22, 2001.

The department, however, exonerated him in all cases. Though Rathore can contest that he had no role in the victimisation of Anand, information under the RTI Act reveals that there was no chargesheet or adverse remark in office records of Anand before August 1990 when a complaint was filed against Rathore.

Rathore did not even spare mediapersons and institutions who reported the incident. Cases of criminal defamation and criminal contempt were filed against Ruchika’s father, her brother Ashu, Anand Prakash, his wife Madhu Prakash and their daughter Aradhana and many journalists. “My family was uprooted and even forced to flee, while my son was implicated in false criminal cases, leading to suicide by Ruchika,” he said. “Today, we have no shelter. We had to sell our house to avoid repression at the hands of Rathore. The career of my son, who aspired to be an IAS officer, has been ruined,” he rued. Girhotra said his house was stoned after complaint against Rathore was lodged and the family was chased and threatened wherever they moved. “The police arrested my 14-year-old son six times, tortured him and kept him in custody for two months. Ruchika could not bear this and committed suicide,” he said.

Triumphant Three: Anand Prakash, his wife Madhu and advocate Pankaj Bhardwaj at the district courts. Tribune photo: S. Chandan

Chandigarh, May 25
The evidence that clinched the case against Rathore was the eyewitness account given by Aradhana Prakash. She maintained her stand that Ruchika was molested by Rathore even after she settled down in Sydney following her marriage. Aradhana came down to Panchkula thrice to depose against the retired IPS officer.

Rathore produced 18 witnesses to buttress the point that he was being framed and that he never molested Ruchika Girhotra. The prosecution examined 16 witnesses and produced material and circumstantial evidence to convince the trial court that there was a strong case against Rathore. The trial court, in its 97-page judgment, observed that the charge had been successfully proved.

Rathore denied having visited Ruchika’s house, initial depositions by complainants and memorandums signed by Ruchika maintained that he did. The court overruled the defence’s plea that since neither Ruchika nor Aradhana had confided to their parents the same day, the charge was an afterthought and part of a conspiracy. The defence also questioned interest of Aradhana in the case, suggesting that she had no locus and had been planted by her father to serve his own ends. The court felt otherwise and observed that no parent would like to put his or her daughter’s reputation at stake in such cases.

The defence questioned competence of the then DGP to conduct an inquiry. It also claimed that Ruchika’s father had demanded money for withdrawing the case, suggesting that the charge was trumped up to extort money. The defence pleaded for a lenient view on the ground that the accused was 68-year-old and a heart patient. It further argued that the convict was suffering a delayed trial for more than 10 years and had attended more than 400 dates in the present case. 

On August 11, 1990, the then IGP, SPS Rathore, calls on Ruchika’s father at the latter’s house. He advises him against sending the teenager, a promising tennis player, abroad and assures that special coaching would be arranged for her. He also asks the girl to be sent to his house the following day at noon. (The state association functioned from the IGP’s residence, in the garage).

On August 12, 1990, Ruchika tells Aradhana of her meeting with Rathore and asks her to accompany her. Thereafter, both go to the tennis court.While they are playing, Paltoo, the ball picker, comes over and tells Ruchika that Rathore wants to see her in his office.

Ruchika, accompanied by Aradhana, goes to meet Rathore in his office and finds him standing outside. Ruchika requests him to talk to her outside the office, but Rathore insists on their coming inside.

Both girls go inside the office. Aradhana sits on the only chair in the room while Ruchika continues to stand. Rathore sends away Aradhana, asking her to call coach T. Thomas. Aradhana, through another man, sends a message to the coach who indicates he cannot come immediately. Aradhna returns to the office.

She finds Rathore holding Ruchika hand. His other hand is around her waist. On seeing Aradhana, Rathore gets nervous and releases Ruchika.

He again asks her to go and fetch the coach. Ruchika too starts to leave, but is asked to stay on. However, she runs out. Rathore asks Aradhana to tell her friend to “cool down”.

Thereafter, she too runs out of the office and tries catching up with a petrified Ruchika who is, by then, running towards her house, crying.

— Reconstructed as per court records

Chandigarh, May 25
The Haryana government not only kept the Centre in dark over developments in the Ruchika molestation case, it also changed its stand over the years, promoting SPS Rathore twice during the prosecution period. A reply to the Punjab and Haryana High Court by counsel for the Union of India states that although the then police chief, RR Singh, had recommended registration of a case, only departmental proceedings were initiated. These too were later dropped and the information was furnished to the Centre after two years.

The reply placed before the Division Bench of Chief Justice Mukul Mudgal and Justice Jasbir Singh says Haryana was asked to furnish details of action taken after the Centre received Ruchika’s representation directly and through the Prime Minister’s Office in September 1990. In fact, within a fortnight of receiving the representation, the Centre had requested for a copy of the inquiry report.

The report, recommending registration of case on Ruchika’s complaint, was forwarded only after three reminders on January 31, 1991. A month later, Haryana was again asked to furnish details of the action taken. On April 22, 1991, the Centre was informed that Haryana had decided to initiate departmental proceedings against Rathore.

In August, the Centre sought from Haryana details of the proceedings and a copy of the chargesheet. Two months later, the Centre was told the reply was under consideration.

Chandigarh, May 25
Rathore has been convicted but what about those who protected him all these years? The Ambala SP, who framed Ruchika’s brother in false cases and tortured him, a principal secretary, who sat over the file for prosecuting Rathore for two years, the then Home Minister and the Chief Ministers are all responsible for delaying the case and trying to derail justice, asserts Girhotra. Punishment to Rathore can only be the beginning, he feels, not the end.

Aradhna Prakash, Ruchika’s friend, who waged a lonely battle against the system with support from her family for nearly two decades, is enthused about the response her campaign for justice has whipped up.

When the IPS officer seemed to be getting away with six months’ imprisonment and Rs 1,000 fine in December last and there was a public outcry against the verdict with people pouring out on the streets, forming human chains and holding candlelight marches, she created an e-mail id joinaradhna4ruchika@gmail.com. But she, too, was clearly unprepared for the response it elicited. So, as the pot kept boiling on the Rathore case, e-mails from all corners of the country poured in by dozens every minute.

Besides being congratulatory in nature, there were mails from every corner of the country extending their support for the justice-for-Ruchika cause, lambasting the system for its failure to deliver and of course a lot of hate mail for the accused. After the verdict, till mid-January, the mails came in torrents. Since then, the pace gradually slowed down and is now down to a trickle.

n March 12: Home Minister Sampat Singh okays departmental action

n March 13: CM gives consent to the proposal.

n March 22: OP Chautala becomes CM for 14

n April 6: President's Rule imposed.

n May 28: Charge sheet against Rathore cleared

n July 23: Bhajan Lal-led Cong govt takes over 

n April 6: First FIR against Ruchika's brother, lodged for car theft.