The Supreme Court on Thursday set aside an Allahabad High Court order allowing former Union Minister and BJP leader Chinmayanand to access the statement made by a woman law student to a Magistrate in a rape case against him.
A Bench led by Justice U.U. Lalit concluded that the statement of the law student under Section 164 of the Code of Criminal Procedure, which is admissible as evidence in court, need not be shared with the accused at this point of time, especially in a case involving sexual exploitation.
The right to receive a copy of the statement is derived only after the court takes cognisance and necessary order to that extent is passed. The mere filing of chargesheet in the case does not entitle the accused to get the confessions and statements made under Section 164 Cr.PC, the court held.
“The High Court completely erred in appreciating the directions issued by this court, especially in a matter where the offences alleged against accused are of sexual exploitation. In such matters utmost confidentiality is required to be maintained. In our view, the High Court completely failed in that behalf,” the Supreme Court stressed in a 13-page judgment.
It held that “under no circumstances copies of statements recorded under Section 164 of the Code can be furnished till appropriate orders are passed by the court after taking cognisance in the matter.”
The law student came in appeal before the Supreme Court, which on November 15, last year had stayed the High Court order and had sought response from the State government and Chinmayanand.
The top court had also directed the Uttar Pradesh government to set up an SIT headed by an Inspector General-rank officer to look into the charges levelled by the woman, who had gone missing after accusing Chinmayanand of harassment, and was found in Rajasthan.
On September 21, 2019, Chinmayanand was arrested by the SIT and sent to jail.
