Today(on 24th May), Calcutta High Court pauses FIR against Governor’s OSD, alleged to have obstructed sexual harassment complaint process. Stay order issued amidst claims of pressuring female worker to remain silent.
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KOLKATA: Today(on 24th May), At the Calcutta High Court, proceedings in a First Information Report (FIR) against the Officer on Special Duty (OSD-II) to the Governor of West Bengal have been temporarily stayed. This decision comes amidst allegations of restraining a female worker and pressurizing her not to lodge any complaint of sexual harassment against Governor CV Ananda Bose.
Justice Amrita Sinha, a single-judge presiding over the case, emphasized the preliminary nature of the investigation and the petitioner Sandeep Singh’s bail status. According to Justice Sinha, the petitioner, along with others, reportedly confined a female staff member of the Governor’s office-cum-residence in a room. They allegedly coerced her into keeping silent about her alleged molestation ordeal.
“The evidence, including CCTV footage, is already in the custody of the Investigating Officer (IO),”
– stated Justice Sinha in the order.
The allegations against the petitioner include wrongful restraint and abetting an offense. It is claimed that the petitioner and accomplices attempted to take the victim back to the Raj Bhavan and even tried to confiscate her phone. However, she managed to escape from the room.
The petitioner has argued that the complaint against him was an “afterthought,” as it came after the alleged molestation incident on May 2. Notably, the initial complaint made on May 2 did not name him specifically. Additionally, it was disclosed that a notice under Section 41 A of the Criminal Procedure Code (CrPC) was issued to the petitioner, which he duly complied with. Moreover, he was granted bail in the case by a Magistrate Court on May 21.
“The petitioner is facing allegations related to wrongful restraint and aiding in an offense.”
-clarified Justice Sinha.
She further added-
“The determination of whether the elements outlined in the complaint constitute wrongful restraint will be made.”
a petitioner has punched holes in the First Information Report (FIR), arguing that the allegations leveled against him were improbable.
The petitioner’s counsel emphasized-
“The plaintiff stated in her complaint that she managed to exit the room. This undermines her claims of wrongful restraint.”
The matter revolves around the plea to quash the FIR and the subsequent proceedings initiated against the Officer on Special Duty (OSD). Advocate General (AG) Kishore Datta vehemently opposed the petitioner’s contentions, asserting that the veracity of the allegations should be determined at an appropriate stage.
“There is no urgent need to issue an order restraining the Investigating Officer (IO) from continuing with the investigation.”
-remarked Datta.
He further elaborated-
“The complaint is not entirely implausible. Initially, there was no intention to immediately arrest the petitioner, hence a notice was issued. Additionally, since the petitioner is currently out on bail, the investigation cannot be halted at this point.”
Datta emphasized the need for circumspection in evaluating the petitioner’s improbable theory in light of the attending circumstances.
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“The FIR is not a formal petition or an exhaustive compilation of facts.”
– he emphasized.
After careful consideration of the arguments presented, Justice Sinha stayed the proceedings until June 17.
CASE TITLE:
Sandeep Kumar Singh vs State of West Bengal
