If lawmaker becomes law breaker, it is difficult for lawkeeper: Victim’s advocate in POCSO case against BS Yediyurappa

The complainant claimed that she visited Yediyurappa to seek help in getting justice in a cheating case.

She alleged that he held the minor’s hand throughout the conversation and later took her to a separate room.

It was here, the complainant alleged, that Yediyurappa sexually harassed her.

The complaint said the child rushed out of the room weeping when the doors were unlocked.

South First got in touch with S Balan, the lawyer for the victim to gain insights into the case and why it has been stalled for a long time.

Related: Non-bailable arrest warrant against BJP veteran BS Yediyurappa in POCSO case

Here are some excerpts from the interview:

Q. Could you please give a brief overview of the POCSO case involving Yediyurappa?

A. The mother of the victim called me over the phone and wanted to meet regarding her daughter’s POCSO case.

She said the lawyers she had initially retained advised her not to move against Yediyurappa. She asked me whether I could take her case. I asked her to bring the file.

She wanted to meet me the next day, which happened to be Saturday. I am usually away from Bengaluru on Saturday and Sunday. Therefore, I asked her to come on Monday.

She was supposed to meet me on Monday evening, but she passed away in the afternoon. So, last Friday, her son — the victim’s brother — approached me.

He said he wanted justice for his sister and wanted to know what he could do: Whether we could approach the high court for a fair investigation.

I told him that I could take up the case. He then gave me Vakalat and FIR. We decided to approach the high court for a fair direction and to arrest Yediyurappa, and also an investigation as per Section 2(H) of the CrPC.

In this case, CCTV footage, Tower Dump (data from a mobile tower or towers of a specific area), call data records (CDR), and voice recordings.

It has to be subjected to forensic tests. All that is there. Now, the investigation needs to be done.

The case was registered about three months ago, but it has not moved as fast as was desirable. Therefore, the writ petition was filed in the high court on 10 June.

It was numbered on the very same day. And they [the defence] were also very fast: They filed a petition to quash the proceeding.

Then the CID issued a notice to them under Section 41(A) of the CrPC notice. But Yediyurappa was not in town. So, it is good that the CID approached the POCSO Court to issue a warrant, and the warrant was issued.

Related: Woman who accused Yediyurappa of sexually harassing minor daughter dies

Q. What seems to be the delay in this case?

A. [It is] What happens in our country is that in any case — whether it’s Jayalalithaa or Lalu Prasad Yadav or any other politician’s case: The lawmaker, lawkeeper, and the lawbreaker.

If the lawmaker becomes a lawbreaker, then it is difficult for the lawkeeper. So, they do not act that fast. They allow these lawmakers to exhaust all the remedies available in the court.

In this case, they kept quiet. But the moment her son approached the Court, they felt the heat.

Q. A non-bailable warrant (NBW) has been issued. Will the police take action?

A. The law is common to all whether — chief minister, prime minister, or anybody else. Only the President of India and Governors of states have some immunity. As of today, he is neither an MLA nor an MP. He does not hold any such post.

So, the law applicable to a common man is also applicable to him. However, he is from a political family. He has a lot of political connections and connections with the people who are in the corridors of power. So, we have to wait and see how the police act.

Legally speaking, we are in the 2024-era communication system. India is a mighty state. If the state wanted to apprehend him, it’s a matter of minutes — not even hours. It is possible, the infrastructure is there.

We have to wait and watch how the state reacts. Of course, the Congress government is in the state. The government should take action.

It’s on the investigating agency and prosecuting agency. Both are under the control of the state. The state is not with them.

It’s not Central control, it’s not the NIA or the CBI. We have to wait and see how the Congress government reacts.

But it is a great injustice done to a young girl aged about 17. Her life was already ravaged by some rogue element when she was much younger. The mother approached a famous personality — a political personality. That the personality wanted to exploit her is very, very shocking.

From the day the current government came to power, it was not as fast as it was expected to be. It was under its tenure that Prajwal Revanna was allowed to flee. And it is he who came back, not the state that chased him and apprehended him.

So, instead of the hunter chasing the deer, the deer chases the hunter; that’s how he came. He said he would come. He booked the flight; he came. They went to the airport and apprehended him. They did not go to the place where he was hiding.

Here also, the state’s intelligence should be proactive. It should know that an FIR has been registered against so-and-so and is being handled by the CID.

Why did the state sleep over the matter for the last three years, and become active only now because a writ petition was filed?

(Edited by Arkadev Ghoshal)

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