Former BJP MP Chinmayanand has been denied the access to Shahjahanpur law student’s statement by the Supreme Court.

Former BJP MP Chinmayanand has been denied the access to Shahjahanpur law student’s statement by the Supreme Court.

Former BJP MP Chinmayanand has been denied the access to Shahjahanpur law student’s statement by the Supreme Court.

The High Court’s direction granting Chinmayanand access to a copy of her statement before the filing of the charge sheet was contrary to law and may have far-reaching effects; The complainant had argued in this case.

The Supreme Court today refused to grant former BJP MP Chinmayanand access to the complainant law student’s statement to the magistrate under Section 164 of the Code of Criminal Procedure in the rape case filed against him.

Chinmayanand be provided a copy of the statement made by the Shahjahanpur law student, So the Court has thus set aside the Allahabad High Court order.

In November last year, the Court had granted an interim stay on the Allahabad High Court’s order allowing former Union Minister Swami Chinmayanand to access the certified copy of the statement recorded by the Shahjahanpur law student, who had levelled allegations of sexual harassment and rape against him.

The complainant had argued that the High Court’s direction granting Chinmayanand access to a copy of her statement before the filing of the charge sheet was contrary to law and may have far-reaching effects.

Today, the Bench of Justices UU Lalit, Vineet Saran and Ravindra Bhat stated that as per the terms of its previous judgment in 2014, a rape victim’s statement should preferably be recorded within 24 hours directly before a lady magistrate.

The Supreme Court had previously directed the Uttar Pradesh government to set up a Special Investigation Team (SIT) headed by an IG-rank officer to look into the charges levelled by the woman, who had gone missing after accusing Chinmayanand of harassment.

On September 21, 2019, Chinmayanand was arrested by the SIT and sent to jail. The 23-year-old student was also booked on charges of extortion.

In February this year, the Allahabad High Court granted bail to Chinmayanand, finding that it is unclear as to who has used whom between the former BJP MP and the LLM student who has alleged the sexual assault.

In March, the Supreme Court dismissed the petition challenging the bail granted to Chinmayanand by the High Court.
The Court also issued notice to Chinmayanand in a separate plea seeking transfer of the trial in the rape case against the former Union Minister from Uttar Pradesh to Delhi.

 

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