Calcutta High Court directs former Andaman & Nicobar Chief Secretary Jitendra Narain to appear before SIT in gang-rape case

The Calcutta High Court Circuit Bench at Port Blair last week directed IAS officer and former Andaman & Nicobar Chief Secretary Jitendra Narain to appear before the Special Investigation Team (SIT) investigating a gang-rape case in which he is an accused [Jitendra Narain v. State]..A Division Bench of Justices Bibek Chaudhuri and Prasenjit Biswas took note of the fact that the matter was urgent and required immediate investigation, and therefore, ordered Narain to appear before the SIT between October 22 and. "We direct the petitioner to appear before the Special Investigation Team (SIT) on a date/dates fixed by the SIT during the period 22nd October, 3 2022 to 28th October, 2022 giving at least two days prior notice to the learned Advocate for the petitioner," the Court ordered..The order was passed in a plea filed by Narain seeking extension of the anticipatory bail earlier granted to him, which would end on October 28.However, the Court said,"We are of the view that judicial discipline does not demand fixing a matter before a Vacation Bench of which, we are not the parties. At the same time, we are not unmindful to note that the abovementioned case requires immediate investigation taking both the aspects into consideration..."It gave the prosecution as well as the petitioner liberty to approach the Circuit Bench on reopening after vacation..In the meantime, the SIT was allowed to interrogate and take necessary steps such as medical examination of the petitioner..Narain was earlier granted interim protection from arrest by the Delhi High Court after a raid was conducted at his house by a joint team of police officers of the Union Territory and the Delhi Police.He is facing investigation in connection with a First Information Report (FIR) registered on October 1 on the allegation that he along with the other accused committed gang-rape on the victim on two occasions..After the allegations were made, the Union Ministry of Home Affairs (MHA) placed Narain under suspension.“The Ministry received a report on 16.10.2022 from Andaman & Nicobar Police regarding the alleged sexual assault of a lady by Sh. Jitendra Narain, IAS (AGMUT:1990), the then Chief Secretary, Andaman & Nicobar Islands and others. As the Report indicated the possibility of grave misconduct and misuse of official position on the part of Sh. Jitendra Narain, IAS (AGMUT:1990), the Union Home Minister directed to take immediate strict action against the officer concerned as per law,” the Ministry had said.Disciplinary proceedings were also initiated against him..Advocates Deep Chain Kabir, Sajith Prasad and Mazhar Hossain Chowdhury represented Narain while Advocate Sumit Karmarkar represented the State..[Read Order]