New Delhi: The Supreme Court which was hearing a petition of Indian Youth Congress president B.V. Srinivas challenging the Gauhati High Court order rejecting his anticipatory bail plea in a harassment case lodged by an expelled woman party leader of Assam, granted him interim relief.
The petition came up for hearing before a Bench comprising Justices BR Gavai and Sanjay Karol on Wednesday. Granting relief, the Bench directed the petitioner to cooperate with the inquiry being carried out with the National Commission for Women. On May 5, the Gauhati High Court had rejected the anticipatory bail plea of Srinivas in a criminal complaint filed by expelled chief of Assam Youth Congress. She had accused him of causing her mental agony.
The High Court said that Srinivas was of the opinion that the case was not fit for granting the privilege of pre-arrest bail to the petitioner and rejected the same. Opposing Srinivas's bail plea, the public prosecutor argued that the petitioner had filed two pre-arrest bail applications before the sessions court in Bengaluru. Both applications were rejected after appreciating the material present in the case diary, the prosecutor pointed out.
The counsel for Srinivas pointed out that all charges levelled against the IYC president under various sections, barring those under Section 354 of the Indian Penal Code (IPC), are bailable in nature. Section 354 relates to assault or use of criminal force on a woman with the intention of outraging her modesty.
Srinivas submitted that the alleged offence had occurred in Raipur in Chhattisgarh which was beyond the territorial jurisdiction of the Dispur police station, where the case was filed. The High Court citing the order of the Kamrup (Metro) additional Chief Judicial Magistrate that the latter was satisfied that the complainant had "deposed voluntarily and without being under any pressure or influence from any side''. The magistrate had recorded her statement after giving her two hours for reflection.
Srinivas was asked to appear before it for questioning on May 2 in connection with a complaint of harassment and gender discrimination filed by the expelled Congress leader against him. In the notice, Maitreyi Deka, Additional Deputy Commissioner of Police, East Guwahati has asked Srinivas to appear at Dispur police station. Also, it has stated that if he failed to comply with the order then it could get him arrested. Earlier, Assam Police had lodged an FIR against Srinivas.
