SC grants interim protection from arrest to IYC chief in harassment case
The Supreme Court (SC) on Wednesday (May 17) granted Indian Youth Congress (IYC) president B V Srinivas interim protection from arrest in a case lodged by an expelled woman colleague from Assam accusing him of causing her mental agony.
The apex court decision came after Srinivas challenged a Gauhati high court order of May 5 rejecting his plea for anticipatory bail.
The case against IYC chief Srinivas was lodged by Angkita Dutta, the expelled chief of the Assam Youth Congress, accusing him of causing mental agony to her. Supreme Court (SC) judges BR Gavai and Sanjay Karol issued notices to the Assam government and others seeking their replies by July 10.
“We do not wish to say anything against the state at this stage,” the bench said. “Taking into consideration the one-month delay in lodging FIR, the petitioner is entitled to interim protection,” the order said, adding that they direct that in the event of arrest, the petitioner shall be released on anticipatory bail on furnishing sureties to the sum of ₹50,000.
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Order to Srinivas
The SC told IYC chief Srinivas to cooperate in the investigation and to appear before the police on May 22. It also told him to cooperate in the inquiry being done by the National Commission for Women.
Srinivas’ counsel Abhishek Singhvi submitted that the complainant raised the grievance of alleged discrimination faced by her in tweets before lodging a police complaint.
Singhvi said she also gave six interviews to the media before lodging the complaint and there were no sexual harassment allegations in her statements.
When additional solicitor general S V Raju spoke up, the judges asked him if he represented the Central Bureau of Investigation (CBI) or the Enforcement Directorate (ED).
When Raju replied that he represented the Assam government, the judges remarked in a lighter vein: “So the CBI and ED have not yet come in.” Raju argued that Srinivas did not appear before the police in response to the notices. “We gave him a second notice. He says he is unwell. Consistently he is defying the notice,” he said.
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Assam Police
The SC bench quipped: “That might be because of your reputation. You had arrested someone at the airport.”
The remark was in obvious reference to Congress leader Pawan Khera’s arrest by the Assam Police at the airport, after being deplaned from a Delhi-Raipur flight in connection with his alleged remarks against Prime Minister Narendra Modi.
The high court said the case was not fit for granting the privilege of pre-arrest bail. The counsel for IYC chief Srinivas had argued that all charges levelled against the IYC president except one were bailable in nature.
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Besides, the alleged offence had occurred in Chhattisgarh which was beyond the territorial jurisdiction of the Dispur police station where the case was filed. Srinivas had earlier urged the high court to quash the FIR filed by Dutta.
Dutta’s charge
Dutta alleged that IYC chief Srinivas harassed and tortured her for six months by making sexist comments, using slang words and threatening her with dire consequences if she complained against him to party leaders.
She also alleged that Srinivas held her arm and pushed and pulled her at the party’s plenary session in Raipur. The Congress later expelled Dutta from the primary membership of the party for six years for anti-party activities.
Srinivas served a legal notice to Dutta demanding an apology, failing which he threatened to initiate legal proceedings.
(With agency inputs)
