A bench of Justice P Sathasivam and Justice BS Chauhan, while clarifying it was not rejecting his plea, sought the CBI's response for imposing conditions on Rathore in the event of his being granted bail at the next hearing.
Disgraced former Haryana DGP SPS Rathore will have to spend the Diwali in jail as the Supreme Court today deferred hearing on his interim bail plea till November 11 in the Ruchika Girhotra molestation case.
A bench of Justice P Sathasivam and Justice BS Chauhan, while clarifying it was not rejecting his plea, sought the CBI's response for imposing conditions on Rathore in the event of his being granted bail at the next hearing.
"We are not underestimating your right to enjoy Diwali. But you should also consider the feelings of the victim. When you say Diwali is important for you, it is also important for the victim's family," Justice Sathasivam told senior counsel UU Lalit appearing for 68-year-old Rathore.
The counsel had made a forceful plea for Rathore's interim bail to enable him celebrate the festival with his family.
The apex court, however, asked additional solicitor general Haren Rawal, appearing for CBI, to respond by November 11 on the bail plea and Rathore's appeal challenging the agency's move to prosecute him afresh under Section 306 IPC (abetment to suicide) and for alleged implication of Ruchika's brother Ashu in false car theft cases.
The bench also asked the ASG to justify the agency's move to slap fresh charges of abettment for suicide against Rathore and alleged implication of Ashu, particularly after the apex court had in 2005 quashed the charges.
"Kindly tell whether it would not amount to reviewing our own judgements," the apex court said.
Ruchika, a budding tennis player, committed suicide three years after being allegedly molested by Rathore on August 12, 1990.
Punjab and Haryana high court had on September 1 dismissed Rathore's appeal challenging his conviction and the sentence saying his conduct as a top official was "shameful".
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