A court here on Thursday directed Delhi Police to complete the probe into the sexual harassment case against environmentalist R.K. Pachauri and examine the material witnesses as soon as possible.
Additional Sessions Judge Raj Kumar Tripathi, while hearing Pachauri's plea to enter the premise of The Energy and Resources Institute (TERI), observed that the accused cannot be restrained for an indefinite period from visiting his office premises to earn his livelihood.
Pachauri, who is facing charges of sexual harassment and currently is on leave from TERI, has requested a modification of an earlier court order and permission to resume work from the office premises.
Observing that "investigation in this case is progressing at a snail's pace", the court said: "Right of livelihood is a fundamental right of every citizen of this country. No person can be restrained from visiting the place of his work for an indefinite period."
The court set July 17 as next date to hear Pachauri's plea for final disposal and directed the investigating officer to conclude the probe till next date of hearing.
It said: "If no substantive progress in respect of investigation in the case is made by the investigating officer, this court shall be constrained to modify condition number 4 (Pachauri can not enter TERI premises till the completion of Investigation) as mentioned in the order dated March 21."
The court noted that there was no progress in investigation and neither the accused nor witnesses were interrogated or examined.
It observed that police were still awaiting for the forensic science labrotary report in the case.
Pachauri's counsel Ramesh Gupta, seeking modification of the order that grants anticipatory bail to the environmentalist on the condition that he must not enter the TERI premise, said police have not questioned his client despite his voluntary request.
Gupta requested court to give some relief to Pachauri and sought some other conditions to be imposed against his client as his livelihood is being suffered due to the order that restrain him from entering the premises of TERI.
He said police have not yet concluded investigation although two months were sufficient time to do so.
However, police opposed the plea, saying investigation was still pending in the case and Pachauri might try to influence witnesses if he is allowed to visit TERI.
Police also added that there were chances of tampering of evidence if accused was allowed to enter in the TERI premise.
Complainant's counsel Prashant Mendiratta too opposed the plea, saying if the order was modified, it would increase the litigation between the parties.
He added that the judicial propriety demands that application of accused be heard only after July 16, the date fixed for hearing the complainant's plea for cancellation of bail.
After the sexual harassment complaint, Pachauri stepped down as chairperson of the UN Intergovernmental Panel on Climate Change in February and proceeded on leave from TERI. He has denied the allegations against him.
Citing several SMS texts, e-mails and WhatsApp messages as evidence, the woman accused Pachauri of sexually harassing her soon after she joined TERI in September 2013 and filed a complaint in February.
Pachauri was granted anticipatory bail on March 21 but was directed not to enter the TERI office till the investigation is complete and not to leave the country without the court's permission.
