LawChakra

Tripura High Court: Acts Against Magistrate Over Allegations of Misconduct with Rape Survivor

Rape Survivor Accuses Tripura Court Judge of Sexual Abuse, Investigation Initiated

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On Wednesday, February 21, the Tripura High Court initiated disciplinary measures against a magistrate after allegations surfaced of inappropriate behavior towards a rape survivor. The magistrate, stationed in Kamalpur, Dhalai district, faces accusations of molesting the survivor within his chambers. The incident allegedly occurred in his office when the survivor came to give her statement under Section 164 of the CrPC.

AGARTALA: On Wednesday (February 21st), the Tripura High Court took disciplinary action against Bishwatosh Dhar, a first-class judicial magistrate from Kamalpur in Dhalai district, following serious allegations of misconduct. Officials from the State Law Department disclosed that the High Court has effectively removed Magistrate Dhar, directing his stay within jurisdiction unless permitted otherwise, in light of accusations involving inappropriate behavior towards a rape survivor in his office.

Background

The incident reportedly occurred last week when a 23-year-old woman, a victim of rape, visited Magistrate Dhar’s office to give her statement under Section 164 of the Criminal Procedure Code (CrPC). She alleged that during this visit, Dhar molested her, an act that followed her being assaulted on February 13 by a 26-year-old man at her residence.

Her husband lodged a complaint with Kamalpur Bar Association’s secretary, alleging that Dhar molested his wife and justified his actions by claiming that judges have to behave in such a manner while recording statements in rape cases.

“Hearing this, she started to cry. The judge told her to leave and sit outside. If a judge has such character, how will people get justice?”
he asked.

The situation escalated when the victim’s spouse filed a complaint with the secretary of the Kamalpur Bar Association, accusing Magistrate Dhar of molestation and alleging that Dhar attempted to justify his conduct by stating it was necessary for the process of recording statements in rape cases. The incident has raised serious concerns about judicial conduct and the safety of vulnerable individuals within the legal system.

Following these allegations, a case was registered at the Kamalpur police station on February 16. The victim also presented an affidavit to the additional district and session judge. In response, the High Court’s vigilance registrar, JM Murasingh, conducted a preliminary investigation at the Kamalpur court, engaging with staff, advocates, and judicial officers.

A special inquiry panel, led by Dhalai district and Sessions Judge Goutam Sarkar, has been directed for further investigate the matter, including examining Magistrate Dhar’s behavior and professional conduct.

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