The Orissa High Court on Monday (September 23, 2024) directed the Odisha government to clarify the measures it plans to implement to safeguard the dignity of armed forces personnel involved in various situations.
The direction follows the alleged molestation and sexual harassment of a woman by police when she, along with her fiance who is an Army officer, went to lodge a complaint at the Bharatpur police station in Bhubaneswar. It is alleged that the Army officer was put behind bars.
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Taking suo motu cognisance of the matter based on a representation made by the Indian Army, a division bench of the HC, comprising Chief Justice Chakradhar Sharan Singh and Justice Savitri Ratho, observed, “It is disturbing the incident has occurred with an Army officer who was on leave. The court would like to know from the State government as to what steps it intends to take to protect the dignity of personnel of armed forces in different situations.”
During the course of hearing, the bench said, “What is disturbing [is that], after having seen the sequence of events, that admittedly two persons entered into the police station, apparently not to commit any crime but to lodge a complaint. What happened inside the police station is a mystery and is being investigated. It is, however, surprising that they [police] came out with an FIR registered against one of them alleging an offence of attempt to murder.”
Wondering if anyone would dare go to a police station after this incident, the HC directed the State government to take steps to restore public faith in the system. “What is troubling us [is that] it has happened in a police station which is in capital city of Bhubaneswar. And you don’t know what happened because you did not have the equipment [CCTV camera]in the police station,” the HC observed.
The HC further remarked that, “Had there been an IPS officer going to a police station in the same situation, would this have happened? Only because he is an Army officer and he does not have those powers, this happened to him.”
“Therefore there are two aspects – one, you have to carry out the direction of Supreme Court in case of D.K. Basu and and Paramjeet Singh Saini. You will have to take some policy decisions as to how will you treat the army personnel who come from border and outside,” said the bench.
On September 15, an army officer and his fiancée approached the Bharatpur police at night to lodge a complaint against some miscreants who heckled them. Instead of taking the complaint, the police allegedly gave them a cold shoulder. It led to a heated exchange between the woman and the police personnel. It is alleged that the woman was molested and sexually harassed inside the station. Initially it was alleged that the police did not adhere to guidelines while taking an armed forces personnel into custody. The army officer was put behind bars.
The Orissa HC appointed senior advocate Goutam Mishra to assist the court as an amicus curiae in this matter.
The court expressed dissatisfaction over the absence of CCTV surveillance at the Bharatpur police station. Dayal Gangwar, Additional Director General of Police, was directed to give a status report regarding CCTV installation and their functioning in various police stations in the State. The State government, through Advocate General Pitambar Acharya, informed that 593 out of 650 police stations in Odisha were covered under CCTV surveillance.
As the names of the alleged victims of custodial abuse were revealed on mainstream and social media, the Chief Justice said, “We are restraining that no person should disclose the name of two persons who had entered the police station on September 15. Nowhere in print, electronic and social media, the name of [Army] officer and the person accompanying him should be published. Steps should be taken so that their identification is not disclosed in any manner, by referring to the person, where the person is posted, the name of the father of that person, the place where he or she belongs to. These should not be disclosed.”
The Orissa HC expressed satisfaction over the steps being taken by the State government regarding the incident at the Bharatpur police station. After Mr. Acharya informed the HC that the State promptly ordered a Crime Branch investigation, placed the accused police personnel under suspension and directed a time-bound judicial probe, the division bench said, “We do appreciate the steps being taken by the government promptly, including handing over the case to Crime Branch. We will see what comes up later. There is no allegation of any unfair investigation. If there is any such allegation, we will pass appropriate order if required.” However, the court expected that the investigating agencies shall act independently.
Published - September 23, 2024 08:48 pm IST
