Court refuses to accept 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 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 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."

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 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.