BJP leader Kailash Vijayvargiya moves Supreme Court against sexual assault FIR, Court says approach Calcutta High Court

The Supreme Court today has issued notice in a plea filed by BJP leader Kailash Vijayvargiya challenging the FIR lodged against him pertaining to sexual allegations against him seeking to set aside the order of the Calcutta High Court. 

A bench presided by Justice M.R. Shah and Justice A.S. Bopanna directed the petitioner to consider anticipatory bail plea before the High Court which would not prejudice the rights of parties while issuing notice.

“In the meantime, it will be open for the HC to consider the anticipatory bail applications on merits or extend the interim protection granted earlier without prejudice to the rights of the concerned parties.”

Senior Advocate Mahesh Jethmalani, appearing on behalf of the petitioner, while seeking a stay on proceedings stated that there were no allegations of sexual abuse initially. These allegations were added later. “The compass is very narrow in this case,” he added. It is alleged that the complainant was raped in 2018 and filed a complaint in 2020. In between there is much correspondence and other cases filed in which there are closure reports and none of them alleges offence pertaining to gang rape. As per Lalita Kumari case, there is preliminary enquiry and there is nothing in this complaint.

Senior Advocate Paramjit Patwalia, appearing on behalf of co-accused Jishnu Basu (co-accused), seconded the request for grant of interim protection. Senior Advocate Kapil Sibal, appearing on behalf of the West Bengal government, submitted that he would leave it to the court to decide on merits.

During the hearing, Justice Shah observed that the High Court can continue hearing the anticipatory bail petition. It can extend protection from arrest to Vijayvargiya and the other two. 

The case of the complainant/ alleged victim is that the BJP leader called her to his flat, where he and along with the aforementioned raped her one after the other. Then, she was forced to leave the flat. Further, it was alleged that since then she has been physically harassed more than 39 times on several occasions and places. Thereafter, she filed two complaints. However, no FIR was registered. Thereafter, the petition for registration of FIR was filed on November 12, 2020, which was rejected by the CJM, Alipore. The said order was challenged before the High Court. The order of the CJM, Alipore was set aside and thereafter the matter was sent back to the CJM, Alipore for reconsideration. Based on the orders passed by the High Court on October, 2021, the CJM Court directed to treat the complaint as an FIR against BJP leader Kailash Vijayvargiya, RSS members Jishnu Basu and Pradeep Joshi in the sexual harassment case.

A few days ago, the Calcutta HC granted anticipatory bail to Vijayvargiya, Jishnu Basu and Pradeep Joshi in the case of assault. The High Court granted anticipatory bail to the said leaders on the ground that the matter has now reached the Supreme Court. The matter is now listed for November 16. 

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