Supreme Court Grants Interim Anticipatory Bail to BV Srinivas, Youth Congress Chief, in Assam Sexual Harassment Case
The Supreme Court has granted interim anticipatory bail to BV Srinivas, the National President of the Indian Youth Congress, in relation to a sexual harassment complaint filed against him in Assam. The court bench, comprising Justice BR Gavai and Justice Sanjay Karol, took note of the alleged incident occurring in Raipur between February 24 and 26, 2023, with the complaint being lodged in April 2023. Notably, the bench observed that prior to the complaint, the complainant had made no allegations of sexual harassment against Srinivas in her tweets or media interviews.
Considering the substantial delay in filing the FIR, the bench concluded that interim protection should be granted to the petitioner. In the event of his arrest, Srinivas will be released on anticipatory bail upon providing solvent sureties worth Rs 50,000. The court has instructed Srinivas to cooperate with the investigating officer and appear before them on May 22, as well as on subsequent dates as directed. The case will be further deliberated in July 2023, and Srinivas has been directed to assist the ongoing inquiry conducted by the National Commission for Women.
During the proceedings, Senior Advocate Dr AM Singhvi, representing Srinivas, pointed out that the complainant's tweets and pre-complaint statements primarily focused on the discrimination she faced within the party, without any sexual harassment allegations. Singhvi emphasized the complainant's profession as a lawyer and argued that her public accusations were directed at the IYC Assam in-charge, who is a different person. Allegations of heckling and physical contact were added to the complaint later, presumably to include Section 354IPC, the only non-bailable and non-cognizable offense.
In response, Additional Solicitor General SV Raju, representing the State of Assam, denied any political motivation behind the case, highlighting that the complainant is a member of the same party as Srinivas. Raju mentioned Srinivas's non-compliance with notices issued under Section 41A CrPC and his failure to respond to the National Commission for Women's notice. The bench exchanged light-hearted banter, referring to the arrest of Congress leader Pawan Khera by the Assam police.
The complainant, represented by her lawyer, explained that she initially addressed the issue within the party and raised the question of why she had remained silent since February. The lawyer responded that she believed the party would take appropriate action and mentioned her lack of awareness regarding legal rights.
Previously, on May 4, a single bench of the Gauhati High Court dismissed Srinivas's plea to quash the FIR and also rejected his application for anticipatory bail. Justice Ajit Borthakur stated that there was no indication of political motivation behind the FIR and refused to interfere, considering the early stage of the investigation. The court also reprimanded Srinivas's lawyer for suggesting that retiring judges would pass orders favoring the government in hopes of post-retirement benefits. The petition filed before the High Court sought the quashing of the case registered by the former President of the Assam Youth Congress under various sections of the IPC and the IT Act.
The allegations against Srinivas involve persistent mental harassment, including the use of sexist and offensive language, along with threats of dire consequences if the victim reported the incidents to higher-ranking Youth Congress officials. The complainant further claims that she was heckled and threatened by Srinivas during a Congress session in Chhattisgarh in February 2023.
TAGS: Supreme Court interim anticipatory bail BV Srinivas Youth Congress Chief sexual harassment case Assam complaint member FIR Justice BR Gavai Justice Sanjay Karol alleged incident Raipur February 2023 April 2023 tweets media interviews whisper of allegation delay in lodging FIR interim protection arrest anticipatory bail sureties Rs 50 000 investigating officer cooperation May 22 July 2023 National Commission for Women Senior Advocate Dr AM Singhvi discrimination IYC in-charge heckling holding of arm Section 354IPC Additional Solicitor General SV Raju State of Assam CBI ED politically motivated non-compliance with notices banter arrest of Pawan Khera lawyer legal rights Gauhati High Court plea to quash FIR application for anticipatory bail Justice Ajit Borthakur political motivation reprimand retiring judges post-retirement benefits sections of IPC IT Act mental harassment sexist language threats victim Congress session Chhattisgarh.
