Angkita Dutta Harassment: SC Grants Interim Anticipatory Bail To Srinivas BV

The Supreme Court of India on Wednesday granted interim anticipatory bail to Srinivas Bhadravathi Venkata, the national president of Indian Youth Congress in connection with the FIR registered in Assam’s Dispur Police Station over a sexual harassment complaint lodged by former president of Assam Youth Congress, Angkita Dutta.

A bench consisting of Justices BR Gavai and Sanjay Karol observed that the alleged incident happended during February 24 to 26, 2023 in Raipur and the complaint was lodged in April 2023 in Assam. The bench also noted that the complainant did not mention about sexual harassment against the petitioner in her tweets and interviews to media before the complaint was lodged.

The bench noted, “Prima facie, taking into consideration the delay of almost two months in lodging the FIR, will entitle the petitioner to interim protection. We direct that in the event of arrest the petitioner shall be released on anticipatory bail on furnishing solvent sureties to the sum of Rs 50,000.”

Moreover, the bench has asked Srinivas to appear before the investigating officer on May 22 and on subsequent dates as and when directed by the officer. He was also asked to cooperate with the ongoing investigation. The matter was also posted for a hearing in July 2023. Furthermore, the court asked the petitioner to cooperate with the inquiry carried out by the National Commission for Women.

Arguments

Senior Advocate Dr AM Singhvi, who appeared for Srinivas, submitted that the complainant had only mentioned discrimination being faced in the party in the tweets made by her before lodging the complaint. She also gave six media interviews before filing the complaint. In her statements, there was no mention of sexual harassment. Though the allegations pertain to February, she had kept quiet till April.

Singhvi further mentioned that she is a lawyer and not an ordinary person. Her statements were regarding the IYC in-charge of Assam, who is a different person and her public allegations were against IYC Assam in-charge, who was not treating her respectfully, added Singhvi.

However, in her complaint filed the next day, the allegations regarding heckling, holding of arm and the likes were added so as to include Section 354 of the Indian Penal Code (IPC), which is the only non-bailable and non-cognizable offence, Singhvi argued.

Appearing for the state of Assam, Additional Solicitor General SV Raju said that the case cannot be termed as politically motivated as the complainant is a member of the same party. The petitioner did not appear in furtherance of notices issued under Section 41A of CrPC and he did not respond to the notice issued by the National Commission for Women, he said.

Raju said, “We gave him a second notice...he says he is unwell. Perpetually he is unwell! Consistently he is defying the notice.” “That might be because of your reputation. You had arrested someone at the Airport,” Justice Gavai replied in lighter vein, presumably pointing to Assam Police arresting Congress leader Pawan Khera.

Raju further added that the lady had complained to the party and she came out in public only after the party refused to take action.

The complainant also appeared before the bench through lawyer. The bench asked her lawyer as to why she had kept quiet from February to which the lawyer replied that she was taking up the issue within the party. The bench asked him, “You are a lawyer, you don't know the party can't take criminal action? Are you not aware of the legal rights?”

A single bench of the Gauhati High Court had dismissed Srinivas BV’s petition seeking to quash the FIR against him on May 4. The high court had dismissed another petition filed by Srinivas asking for anticipatory bail.

Justice Ajit Borthakur had noted that there was no indication that the FIR was “politically motivated” and refused to interfere by noting that the investigation is at initial stage. While dismissing the petition, the bench also censured Srinivas’ lawyer for suggesting that the judges on the verge of retirement will pass orders favouring the government in the hope of receiving benefits after retirement.

The petition before the Gauhati HC had been filed under Section 482 CrPC for quashing of the case filed by the now expelled Assam Youth Congress president under Sections 509/294/341/352/354/354A (iv)/506 of the IPC read with Section 67 of the Information Technology Act, 2000.

It was alleged that the accused had harassed the victim mentally by way of sexist and slang words and also threatening her with dire consequences if she complained the same before the high office bearers of Youth Congress. Moreover, the victim was also heckled and threatened by the petitioner in a Congress session in Chhattisgarh in February 2023.

Justice Ajit Borthakur had observed, “The nature of offences disclosed in the FIR are crime against the society being basically pertaining to outraging of the modesty of woman.”

Also Read: Angkita Dutta Harassment: Gauhati HC Rejects Srinivas BV's Bail Plea