Without the French government’s nod, Bengaluru police cannot book the city-based French diplomat Pascal Mazurier who is accused of raping his three-and-half-year-old daughter.

Sources close to External Affairs Minister S.M. Krishna, who is in Havana, Cuba for the Latin American and Caribbean Indian ambassadors and heads of mission meeting, told Deccan Chronicle that Pascal Mazurier enjoys diplomatic immunity and only if the French government cancels his diplomatic immunity can he be tried in India.

“His wife has to request the French government to initiate the move,” the source said.

Suja Jones (37), wife of Pascal and expecting his fourth child, is insisting on a trial in India for her husband even if he enjoys diplomatic immunity. She has sent a letter through her advocate in Mumbai to Union Home Minister P. Chidambaram and Krishna asking them to intervene in the case.

Police have refused to arrest Mazurier saying they are unsure of his diplomatic status.

Victim undergoes trauma of test again

A victim of sexual assault, reportedly by her father Pascal Mazurier, the three-and-a-half-year-old girl was put through yet another trauma of undergoing a second medical examination at the State-run Bowring Hospital on June 15, in defiance of the Supreme Court guidelines on investigation and medical examination of a sexual assault victim.

The apex court has maintained that one medical examination by a registered practitioner is proof enough of sexual assault and that the victim should not be put through another medical test. Why was the child put through the trauma of a second medical examination within 48 hours remains to be answered?

The High Grounds police station, where the girl’s mother Suja Jones had lodged a complaint after the Baptist Hospital, on June 13, certified that the child was raped, allegedly pressed for another medical examination of the child.

“The girl was medically examined by doctors at Bowring Hospital in the labour room, next to a stinking toilet on Friday. Though the doctors were very sensitive, the child was horrified by the whole experience, with women in labour next to her,” said an official source.

The victim was first examined at Baptist Hospital, which has a Collaborative Child Response Unit trained by the Unicef and the Department of Women and Child Development to cater to traumatized and sexually abused children.

Cops can’t lay hands on French ‘rapist’ yet

With confusion prevailing over the next course of action against Pascal Mazurier (39), the Chief of Joint Chancellerie at the French consulate in the city who has been accused of raping his three-year-and-nine-month-old daughter, has now been placed under the supervision of Mr Vincent Caumontat, Deputy Consul, Head of Chancery, Consulate General of France, in Bengaluru.

Sources in the home ministry said: “If the MEA clarifies that Pascal enjoys diplomatic immunity, then the city police will have no role in investigating the case further. Police cannot detain or arrest Mr Pascal though he has been booked for rape as the French authorities will step in.

"The entire case details will be handed over to them for further probe. It would be the discretion of the French authorities to decide where to hear the matter. If it is heard in a French court, Suja Jones can move that court. But all her three children have French citizenship,” the sources said.

“If the case goes to a court in France, then the baby-sitter Gita Suresh Kumar, whose name is mentioned in the complaint, too may be asked to testify there. Suja, in her statement to the police, has stated that Gita had seen her husband taking the victim into a room and coming out after sometime and heading for work.

"The baby-sitter had also said she heard the child crying. The pediatrician and the gynecologist who examined the victim may also have to testify in France. Pascal can be imprisoned for a period 10 years there if found guilty,” sources said.

If Pascal does not enjoy diplomatic immunity, then the case will be heard in a city court and he will be arrested soon, the sources added.

Meanwhile, Suja Jones Mazurier has sent a requisition through her advocate in Mumbai to Union Home Minister P. Chidambaram and External Affairs minister S.M. Krishna, requesting that her husband be restrained from leaving the country till legal proceedings are completed and that under no circumstance should he be allowed custody of their children.

She also wanted the French embassy to be directed to help her with legal and financial assistance, as she was currently unemployed and has to take care of the children.

Diplomatic immunity can save accused from trial in India

Without the French government’s nod, Bengaluru police cannot book Pascal Mazurier. According to the sources close to External Affairs minister S.M. Krishna, who is currently in Cuba, the French consulate official Pascal Mazurier enjoys diplomatic immunity and only if the French government cancels his diplomatic powers can he be tried in India.

According to sources, if Interpol issues a red corner notice, only then can the Indian government request the French government to withdraw his diplomatic immunity. “His wife has to request the French government,” sources said.

Meanwhile, former chairperson of Karnataka Women’s Commission, Mrs Pramila Nesargi, told DC: “Police have been dilly-dallying with the arrest. They should have arrested the accused the day the complaint was lodged, but did not. They did not even register an FIR in the case saying that the child’s medical examination results were awaited.

"Later, they refused to accept medical reports from Baptist Hospital and said that another examination was needed to be done at Bowring Hospital. But according to a Supreme Court order, test results from any hospital are enough to lodge a case”, Mrs Nesargi said.

Meanwhile, the Karnataka State Commission for Protection of Child Rights is waiting for the French consulate to get back with their reaction on the financial and social security of the child.