The Supreme Court has stayed the Allahabad high court order granting interim relief to a government counsel suspect of rape.
The Additional Chief Standing Counsel within the Lucknow bench of the high court, Shailendra Singh Chauhan, has been suspect of molestation and rape by a Delhi-based attorney for offences under Sections 328 (Causing hurt by means of poison, etc., with intent to commit an offence), 354A (Sexual harassment) and 376 (Rape) of IPC. The high court of Allahabad had granted Chauhan interim relief from arrest against that an appeal was filed within the Supreme Court.
The bench of Justices RF Nariman and Navin Sinha, however, didn’t interfere with the High Court’s order that had directed the competent court to enable the investigation agency to recover relevant material connected with the case.
The bench passed the subsequent order: “There shall be stay of the operation of the impugned order except the following. As an interim measure, the competent court is herewith directed to pass necessary orders on the unfinished application so the investigation agency could assume possession of the relevant material which can have a control upon the case. As an abundant caution, we offer that an acceptable order to the current effect could also be passed so there’s no tampering with the proof of the case.”