[Ramesh Jarkiholi sex scandal] Karnataka HC unhappy after SIT Head says he is not willing to re-examine investigation carried out in his absence

The Karnataka High Court on Thursday took exception to the fact that the Head of Special Investigation Team (SIT) has not involved himself in the investigation into Ramesh Jarkiholi sex scandal and was also not willing to re-examine the probe already carried out. .A Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice NS Sanjay Gowda observed that the entire probe has been carried out in the absence of SIT head Somendru Mukherjee.Previously, the Court was informed that the head of the SIT, Somendru Mukherjee, had been on medical leave since May 1."Let Head of SIT examine the investigation and say whether investigation was properly carried out. Entire investigation was carried out in his absence, so once he is back, should he not apply his mind," the Court asked..[Ramesh Jarkiholi Sex Scandal] Karnataka High Court to look into legality of investigation conducted by SIT in absence of lead officer.The observations were made during the hearing of a batch of petitions challenging the order of the Bengaluru Commissioner of Police to form SIT to probe the defamation complaint filed by Ramesh Jarkiholi in relation to sexual harassment allegations against him..When the matter was taken up for hearing today, the Bench questioned the State government on the validity of the investigation carried out till now. "Head of SIT not being there has not vitiated the investigation," said Advocate General Prabhuling Navadgi, appearing for the State government."Minimum, we expected for the Head of the SIT to say that he will re-examine the investigation conducted in his absence," the Court said immediately. Adding on, the court said, "What is the purpose of appointing a senior officer? So that he may use his seniority and experience while investigating the matter.".The Court then passed over the matter for ten minutes to enable the counsel to take instructions from Mukherjee.When the matter was taken up again, it was informed that Mukherjee was not inclined to re-examine the investigation. This did not dwell well with the Court. "The counsel for SIT, on instructions from the head of SIT given to him through telephone says that the head of the SIT wants to stick to the statements made in the additional statements filed by SIT. An inference which can be drawn is that the head of SIT is not even willing to look into the investigation carried out during his long absence for three months by other members of the team. We note here that our query was regarding pending investigation and not regarding the case where final report is filed. We also note here that there is no document placed on record to show any order was passed by the government appointing any other officer as head of SIT in absence of IPS Somedhru Mukherjee.".Further, the Court recorded that several issues such as validity of SIT constituted, locus of petitions etc which have been raised in the petition, will be examined in detail..For this purpose, the matter was posted for hearing on September 3.