Senior counsel Mahesh Jethmalani, standing for the petitioners in the Supreme Court, stated that the complainant woman was raped on November 28, 2018. Still, the complaint was made in 2020, nearly two years later.
On Monday, the Supreme Court asked the West Bengal government and others to respond to a petition filed by BJP leaders Kailash Vijayvargiya, Jisnu Basu, and Pradeep Joshi in a case of alleged assault on a lady and criminal intimidation.
A panel of Justices MR Shah and AS Bopanna issued a notice to the state government and a female complainant but denied them any protection.
It directed the petitioners to seek interim relief from the Calcutta High Court.Meanwhile, the Calcutta High Court extended the case’s interim protection.
Senior counsel Mahesh Jethmalani, standing for the petitioners in the Supreme Court, stated that the complainant woman was raped on November 28, 2018. Despite this, the case was filed in 2020, approximately two years later.
The senior counsel further informed the bench that the High Court had given the petitioners anticipatory relief till October 25, which might be extended.
Senior counsel Kapil Sibal, representing the West Bengal government, stated that he would not debate on the merits of the matrimonial case.
The subject has been scheduled for the next hearing on November 16 by the Supreme Court.
During the day, the Calcutta High Court extended the temporary protection granted to BJP leaders on their appeal.
On December 20, 2019, the lady filed charges under IPC sections at Sarsuna police station in Kolkata and Bolpur police station in Birbhum district for claimed assault and criminal intimidation.
On November 12, 2020, she applied with the Chief Judicial Magistrate, Alipore, in Kolkata, to investigate her complaints. Still, the court denied her request for a delay in lodging the objections of the alleged incident of November 29, 2018, reasoning that the integrity and truthfulness of the allegation are doubtful.
The lady subsequently filed a criminal revisional case with the Supreme Court, appealing the lower court’s decision.
The high court granted the application, overturning the ruling of the CJM, Alipore, and remanding it for reconsideration. On October 8, 2021, the CJM ordered that the complaint be processed as an FIR.
Vijayvargiya, Basu, and Joshi applied to the high court for anticipatory release, fearing arrest in connection with the matter.
They also filed an SLP with the Supreme Court, challenging the previous order of the high court.
