The Gauhati High Court has rejected a petition by Indian Youth Congress Chief, Srinivas BV, seeking the quashing of an FIR against him, which accuses him of sexual harassment and outraging the modesty of a former party leader. Justice Ajit Borthakur, who presided over the bench, noted that there was no indication in the case diary that the FIR was politically motivated or based on false and concocted allegations. The judge emphasized that the alleged offenses were crimes against society, involving outraging the modesty of a woman. The FIR had been filed by a former president of the Assam Youth Congress, invoking various sections of the IPC and the IT Act, and claiming that the accused had been harassing her persistently with sexist and abusive language, and had also threatened her with dire consequences. The alleged victim had reportedly been heckled and threatened by Srinivas BV during a Congress session in Chhattisgarh in February 2023.
What happened in the court hearing of the Srinivas case?
During the hearing, Senior Advocate K.N. Choudhury, representing Srinivas, contended that the allegations made in the FIR are not only vague, fabricated, and an afterthought “but are a result of political vendetta”. Choudhury contended that if the investigation in the case is allowed to continue, it would be an abuse of the process of law. The counsel further contended that criminal proceedings cannot be used as a tactic to create pressure on the accused.
Opposing the petition, Advocate General D. Saikia submitted that a delayed FIR in any case cannot operate as fatal, and the High Court has no jurisdiction to examine the correctness or otherwise veracity of the allegations.
The court said that the allegations of commission of cognizable offences attract the offences under Sections 509/294 and 506 of the IPC, and the alleged heckling and threatening of the victim by the petitioner constitutes the offences which "apparently satisfy" the ingredients of the penal provisions of Sections 352/354/ 354A (iv) of the IPC.
During the hearing, Senior Advocate K.N. Choudhury submitted that Judges, who are on the verge of retirement, it is noticed, always pass orders in favour of the Government. The court censured Choudhury for creating an unwarranted unruly situation breaking the usually everyday calm and quiet congenial Court environment, in the presence of a crowd of learned Advocates.
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TAGS: Assam politician FIR sexual harassment jurisdiction criminal proceedings delay in filing FIR Senior Advocate K.N. Choudhury political vendetta interim relief Section 482 Cr.P.C. court censures lawyer Arun Jaitley Justice Borthakur retirement IPC IT Act cognizable offences penal provisions outrageous comments threatening criminal restraint.
