Panchkula:
A Panchkula court has reserved order on bail for former Haryana DGP SPS Rathore and the Punjab and Haryana High Court has issued notice to the Union government, Haryana government and Rathore on a public interest litigation (PIL) seeking reinvestigation of the case of driving a minor to suicide, the role of others who helped Rathore, including officials and politicians, and the role of Ruchika's school.
The PIL was moved in the High Court by an advocate, Ranjan Lakhanpal.
Rathore had molested 14-year-old Ruchika Girhotra in August 1990. She killed herself in December 1993, after months of harassment that saw her being expelled from school and her brother allegedly being tortured.
On Thursday, hearing resumed in the Panchkula court on anticipatory bail for Rathore and arguments were completed. The court reserved order till Friday.
Arguing for anticipatory bail, Rathore's wife and lawyer Abha Rathore said on Thursday that the fresh First Information Reports (FIRs) against him were not legal, as these cases had been examined earlier too and the High Court and Supreme Court had quashed them.
She said the fresh FIRs had been registered because of media hype and that there was no evidence that Ruchika's brother Ashu was tortured or harassed. She also contended that Rathore was being falsely implicated.
"Media is describing Rathore as a molester, a monster and an animal.Media is pronouncing its own judgement holding him guilty and itappears that the media has taken over the justice system," she told thecourt.
(Watch: Media showing wrong facts: Abha Rathore)She asked why these had been brought up after 16 years, why there were candlelight marches now and tried to convince the court that "false allegations will be exposed over a period of time, and the truth will come out."
She said Rathore should be granted anticipatory bail as it was very much under the law.
Opposing bail, Ruchika's family lawyer Pankaj Bhardwaj pleaded in court that custodial questioning of Rathore was required to bring out all the facts. He said Ruchika's inquest report had been fudged and cases against her brother Ashu were fabricated at the behest of Rathore. Documentary proof suggested, he said, that Rathore managed everything to get away.
(Watch: Need Rathore's custody for probe: Ruchika's family lawyer)
Rathore was granted interim bail last Friday after two fresh FIRs were lodged against him. These FIRs were registered on two complaints filed by Ruchika's family against Rathore levelling various allegations, including attempt to murder and registration of false cases.
Rathore's arrest now depends on the CBI, since the Haryana police has handed over the probe on the new FIRs to them. Rathore has the option of asking the High Court for bail.
Since Jan 1, when Rathore was granted interim bail pending hearing on his anticipatory bail plea on the two FIRs, a third FIR has been registered based on Ruchika's brother Ashu's complaint of abetment to suicide. Ashu has detailed the alleged torture that he was subjected to at Rathore's instigation and said it was this among other harassment by the former top cop that led Ruchika to commit suicide in December 1993.
The former policeman may or may not make a personal appearance on Thursday, but if he decides to ask for anticipatory bail in the third FIR on abetment to suicide, he will have to come to court. The maximum punishment under Section 306 IPC (abetment to suicide) is ten years imprisonment.
Rathore was handed a mere six months of imprisonment by a CBI court in Chandigarh on the molestation charge.
Meanwhile, Sub-Divisional Magistrate Prerna Puri, the inquiry officer examining the role of the school in the Ruchika Girhotra case and also looking into reasons why Ruchika's name was struck off the rolls, has submitted her report to the Chandigarh Home Secretary Ram Niwas.
A month after 14-year-old Ruchika Girhotra was molested by a senior police officer, she was expelled by her school, the Sacred Heart Convent in Chandigarh. It shamed and depressed her, and Ruchika's family believes that it's one of the reasons why she committed suicide three years later in 1993.
The school has denied allegations that it acted on the instructions of SPS Rathore. Instead, spokespersons for the school say that Ruchika had not paid her school fees for several months.
But Ruchika's father, Subhash Girhotra, says he was not given any warnings about his daughter's overdue fees.