The Supreme Court on Saturday granted an interim stay on the Allahabad High Court's order, allowing former Union Minister Swami Chinmayanand to access a certified copy of the statement recorded by the Shahjahanpur law student, who had levelled allegations of sexual harassment and rape against him.
The statement was recorded under Section 164 the Code of Criminal Procedure (CrPC).
A bench of Justice UU Lalit and Justice Vineet Saran has issued notices and sought responses from Uttar Pradesh government and Chinmayanand on law student's plea.
The apex court has posted the matter for next hearing on December 9. "Issue notice, returnable on December 9. Pending further consideration, the operation of the order impugned herein shall remain stated," the top court said.
Shahjahanpur law student has filed an appeal in the apex court against the November 7 order of the Allahabad High Court, which held that Chinmayanad was entitled to get a certified copy of the statement of the victim recorded under Section 164 CrPC.
Filing the plea in the top court, the law student has said that the High Court's direction granting a copy of the victim's statement before the filing of the charge sheet was contrary to law and may have far-reaching effects.
The petition stated that a pre-condition for obtaining the copy of the statement of the victim under section 164 CrPC, is that the charge-sheet has been filed and cognisance has been taken by the magistrate.
On September 21, the Special Investigation Team (SIT) had arrested Chinmayanand and sent him to jail. The law student was also booked on alleged charges of extortion against Chinmayanand.