New Delhi, November 11
The Supreme Court today ordered the release on bail of former Haryana DGP SPS Rathore, undergoing an 18-month jail term for molesting teenaged tennis player Ruchika, after the CBI told the court that it did not find any evidence in three other related cases registered against him.

A Bench comprising Justices P Sathasivam and BS Chauhan rejected the objections raised by Ruchika’s parents whose counsel pleaded that the court should take into account the role of Rathore in the filing of 12 false cases to coerce the witnesses in the molestation case.

The Bench pointed out that under the law it was supposed to consider the pleadings of only the convict and the prosecution agency while considering the bail application. The contentions of the victim’s family would be heard at the time of deciding Rathore’s appeal against his conviction and sentence, it said.

Nevertheless, the Bench said that even life convicts were entitled to bail after spending five years behind the bars. Rathore was sentenced to six months by the trial court and his term was enhanced to 18 months by the HC. He had already completed more than six months in jail, the Bench pointed out. Also, the CBI had not found any substance in the other allegations against Rathore.

While on bail, Rathore cannot leave the country without the “specific permission” of the Chief Judicial Magistrate, Chandigarh, the apex court said in the order. This is the only condition for letting him out on bail.

As soon as the court took up the case, Additional Solicitor General Harin Raval informed the Bench that the CBI had filed closure reports yesterday in an Ambala court in two cases registered against Rathore as it did not find any evidence. These cases pertained to the alleged doctoring of Ruchika’s post mortem report and the custodial torture of her brother Ashu.

The ASG said the CBI also could not get any evidence to show that Rathore had abetted the suicide of Ruchika three years after the molestation on August 12, 1990, when the schoolgirl was 14 years old. A closure report in this case would be filed in the trial court after taking the permission of the Punjab and Haryana High Court, which has restrained the CBI from filing the chargesheet.

Justice Chuahan, however, said the HC had only asked the CBI not to take adverse action against Rathore. “That does not mean you cannot take a decision in his favour,” he said.

The Bench said it would consider the victims’ plea for expeditious disposal of Rathore’s appeal at the appropriate time. Victims’ counsel Vikas Mehta wanted to know how the convict could remain on bail for four-five years, the time normally taken for disposing of such appeals.

Ruchika’s father SC Girhotra expressed disappointment over the SC order and said his family would now feel insecure, apprehending harassment at the instance of Rathore.