Court Refuses To Accept RK Pachauri's Surety, Asks For Another

New Delhi: Former TERI Chief R K Pachauri, facing prosecution in a sexual harassment case, was today asked by a Delhi court to bring a fresh surety, saying the current one would not be able to secure his presence when required.

Metropolitan Magistrate Shivani Chauhan also took strong exception to the non-suppliance of certain case related documents by the police to Mr Pachauri, who was present in the court, and the prosecutor saying in these circumstances it is hard to believe that prosecution is being conducted at all.

"Verification report of surety and bail bond of accused received. As per the report, the surety is residing as tenant in the given address and that the surety has not provided any permanent address on record.

"In these circumstances, it is also difficult to presume that the surety has control over the accused and would be able to secure his presence in the court when required. The surety bond is not satisfactory. The accused is directed to produce fresh surety on next date. The existing bond are extended till next date," the court said while posting the matter for further hearing on December 19.

While issuing notice to the Investigating Officer (IO) to supply deficit documents to Mr Pachauri, the magistrate said, "during the entire proceedings, it is seen that prosecutor was without any police file and was not able to assist the court."

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Noting that police file was not available even on the last date of hearing, the court said "in these circumstances, it is inconceivable that prosecution is being conducted at all."

It directed that a copy of the order be sent to the Chief Public Prosecutor and concerned DCP for necessary compliance and also issued notice to the IO to remain personally present on next date with relevant copies for the accused. The court was hearing the application moved by Mr Pachauri's counsel Ashish Dixit who had sought copies of the statement of certain witnesses recorded before the police and hard copies of emails and text messages exchanged between the accused and the complainant.

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Mr Pachauri's counsel submitted that the IO had told the sessions court earlier that statement of 20 TERI employees have been recorded but only four statements have been filed.

After this, the court directed the IO to supply the statements of all TERI employees interrogated in the present case.

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The court had on July 11 granted bail to Mr Pachauri, who was recently allowed to travel to Dominican Republic from tonight till December 5 to attend meetings and conferences.

The former TERI chief was summoned as accused by the court after it took cognisance of the charge sheet filed against him for allegedly sexually harassing an ex-colleague.

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The court, while taking cognisance of charge sheet, had said there was sufficient material to proceed against him under sections 354A (sexual harassment), 354B (assault against woman with intent to disrobe), 354D (stalking), 509 (word, gesture or act intended to insult modesty of woman) and 341 (wrongful confinement) of the IPC.

The charge sheet, filed by Delhi Police on March 1 last year, had arrayed 23 prosecution witnesses, many of whom are present and former employees of The Energy and Resources Institute (TERI). An FIR lodged against Pachauri on February 13 last year.