HC refuses to entertain plea in Daati Maharaj rape case

New Delhi: The Delhi High Court on Wednesday refused to entertain a plea by an NGO seeking transfer of the investigation from the police to CBi in a case of alleged rape against self-styled preacher Daati Maharaj.

Justice Mukta Gupta said the NGO was not the victim in the case and had no locus standi in the criminal matter.

The court said the NGO had initially filed the plea as a Public Interest Litigation which was not entertained by the bench headed by the Acting Chief Justice and treated as a criminal writ petition.

"What is the locus of an NGO in a criminal trial? A victim or accused is most welcome to the court and action will be taken on their petition. What is your locus," Justice Gupta asked.

The court suggested the complainant to withdraw it with a liberty to file it along with the victim's affidavit.

Advocate Joginder Tuli, appearing for NGO Delhi Citizen Forum for Civil Rights, then withdrew the petition.

A complaint was lodged against Daati Madan Lal alias Daati Maharaj on June 7 and an FIR was registered by Delhi Police on June 11. The police had on June 22 questioned the accused, who has been charged with raping a disciple at his ashrams in Delhi and Rajasthan.

The court was hearing a petition filed by the NGO alleging that the probe out by Delhi Police seemed to be "biased and unfair". As no arrest has been made so far, which could lead to influencing of witnesses and destruction of evidence.

While the accused has claimed he was being framed in the case, the woman had filed the complaint against the preacher, his three brothers and a woman at the Fatehpur Beri police station in south Delhi. The case was later transferred to the crime branch.

A trial court here had earlier taken strong exception to the manner in which the probe was being conducted in the rape case, saying the investigating officer had not been able to explain the efforts made to ensure that the accused does not abscond during the investigation.