/ 20 January 2004

Desai could face life in prison

Police in Mumbai on Tuesday said they were investigating ”all the angles” after a prominent South African judge was accused of raping a delegate to the World Social Forum (WSF) in Mumbai.

Activists at the anti-globalisation forum protested on Tuesday against the alleged rape of a 26-year-old South African woman by Cape Town High Court judge Seeraj Desai, who is in custody.

”We are investigating the case in every detail,” Mumbai police Commissioner PS Pasricha told reporters.

”The complaint by the woman and the version of the judge points to physical contact having taken place and whether it was with consent or without consent is a matter of investigation.

”We have to take cognisance of the complaint and that a rape charge is not bailable in India,” the police chief said, adding police will comply with a court order denying Desai bail on Monday.

”We will have to see the case from all the angles,” said Pasricha.

He said the 53-year-old judge could face a maximum sentence of life in prison if convicted.

The woman told police Desai raped her after she went to his room at about 3am on Sunday at the Taj President hotel, in Mumbai’s upscale Cuff Parade area, to discuss the day’s programme at the WSF.

Mumbai police carried out medical examinations on both parties and is expected to present its findings to court on Friday, when Desai will appear before a magistrate.

The police also seized a used condom from Desai’s hotel room, which the alleged victim said she had given to the judge when he refused to stop.

The police chief declined to comment when asked if Desai could be deported.

”We are just at the first stage of investigation,” he said.

Desai has denied the charges and his lawyer, CR Hirani, said he would not seek bail again until Friday to allow police time to carry out forensic tests.

”It is a sensitive case and so we want the police to conclude tests on the blood samples of as well as the semen in the condom which the complainant had given to the High Court judge,” said Hirani.

At the WSF, about 200 members of women’s groups chanted ”Women’s bodies aren’t just for pleasure!” as forum organisers protested at the South African delegation’s hotel.

The rape slur dominated front pages in Desai’s home country for the second straight day on Tuesday, with the Nigerian-owned ThisDay newspaper questioning the credibility of his accuser.

The Johannesburg-based The Citizen commented: ”We shudder to think how people in the eastern part of the world regard the morality of South African men.”

Desai, married with three children, is the chairperson of the National Council of Correctional Services and vice-chairperson of the Foundation for Human Rights in South Africa. — Sapa-AFP