The Supreme Court on Wednesday stayed the Allahabad High Court’s order to the extent that it restrained the police from arresting Government counsel Shailendra Singh Chauhan in an alleged rape case filed against him by a junior lawyer.
A two-judge bench comprising Justices Rohinton F Nariman and Naveen Sinha passed an order to this effect while hearing a plea against the High Court’s order.
The bench, however, did not stay the HC’s following direction-
“As an interim measure, the competent court is hereby directed to pass necessary orders on the pending application so that the investigating agency may assume possession of the relevant material which may have a bearing upon the case. As an abundant caution, we provide that an appropriate order to this effect may be passed so that there is no tampering with the evidence of the case.”
On July 31, a bench of Justices A R Masoodi and Rajeev Singh of the Allahabad HC, while hearing a plea filed by the accused seeking a quashing of the FIR against him, had granted him interim protection from arrest.
The FIR contains a case under Sections 328 (Causing hurt by means of poison, etc., with intent to commit an offence), 354(A) (Sexual harassment and punishment for sexual harassment), and 376 (Punishment for Rape) of the Indian Penal Code. The FIR was filed at Vibhuti Khand police station in Gomti Nagar district of Lucknow.
Read the SC order