A three-judge bench of the Supreme Court made its 17 May order absolute noting that the IYC president was cooperating with the investigation.
Published Oct 20, 2023 | 2:37 PM ⚊ Updated Oct 20, 2023 | 3:11 PM
Srinivas BV speaking at an event. (Facebook)
The Supreme Court on Friday, 20 October, granted anticipatory bail to Indian Youth Congress president BV Srinivas in an alleged harassment case.
A bench of Justices BR Gavai, Aravind Kumar and PK Mishra made its 17 May order absolute noting that he was cooperating with the investigation.
The apex court had on 17 May granted Srinivas interim protection from arrest in the case.
“There is an application for grant of anticipatory bail. We had granted interim protection on 17 May. The counsel for Assam opposed the grant of anticipatory bail. Taking into consideration that the petitioner has cooperated in the investigation, we are inclined to allow the application. The order dated 17 May is made absolute,” the bench said.
The Gauhati High Court had in May rejected the anticipatory bail plea of Srinivas in a case lodged by the expelled chief of Assam Youth Congress Angkita Dutta, accusing him of causing mental agony.
On 17 May, the top court issued a notice to the Assam government seeking its response to the plea by 10 July.
“We have also perused the statement of the complainant recorded under section 164 of the Code of Criminal Procedure, 1973, which has been so graciously placed before us by the prosecution. We do not wish to comment anything about the same at this stage inasmuch as it may again have an effect on the rights of the parties at the trial,” the bench had said.
“Prima facie, taking into consideration the delay of almost two months in lodging the FIR, in our view, the petitioner is entitled to interim protection,” it had said in its order.
The apex court had directed that in the event of arrest in connection with the case, the petitioner shall be released on anticipatory bail on furnishing solvent surety in the sum of ₹50,000 with one or more sureties in the same amount.
It had asked Srinivas to cooperate in the investigation and appear before the police on 22 May and, after that, as and when called upon to do so.
It had also directed him to cooperate in the inquiry being carried out by the National Commission for Women.
The high court had said it was of the opinion that the case was not fit for granting the privilege of pre-arrest bail to the petitioner and rejected it. The high court, while disposing of the anticipatory bail application, had also returned the case diary.
The counsel for Srinivas had argued that all charges levelled against the IYC president under various sections, barring those under Section 354 of the IPC, are bailable in nature. Section 354 of the Indian Penal Code (IPC) relates to the assault or use of criminal force on a woman with the intention of outraging her modesty.
Besides, 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 counsel for Srinivas had said.
The high court, after hearing both sides, had observed the victim is aged 35 years and, according to the order of the Kamrup (Metro) additional chief judicial magistrate, he was satisfied that she had “deposed voluntarily and without being under any pressure or influence from any side”.
Srinivas, in his petition filed in the high court on 26 April, had appealed that the FIR filed by the woman alleging mental harassment and physical manhandling be quashed immediately.
Dutta had made the allegations against the IYC president in a series of posts on Twitter, now X, on 18 April.
She had alleged that BV Srinivas had harassed her for over six months. He had threatened her not to bring it to the notice of Congress leaders. He allegedly assaulted her on 25 February in a hotel in Chhattisgarh, and also allegedly harassed her in Guwahati earlier.
She added that he recently roped in Assam IYC secretary Vardhan Yadhav and both of them had jointly campaigned and lobbied against her to get her thrown out of the IYC.
She also alleged that she had brought this matter to the notice of the IYC general secretary and also Rahul Gandhi and Priyanka Gandhi.
But no inquiry or action was initiated against both BV Srinivas or Vardhan Yadav despite her complaints, she said.
Dutta alleged that BV Srinivas used to undermine her because of her gender.
She said she was sidelined on several instances, or kept uninformed about important developments.
They also did not involve her in decision-making, despite her being the president of the State IYC unit, Dutta alleged.
She also said BV Srinivas engaged Vardhan Yadav and made posters of hers along with Assam Chief Minister Himanta Biswa Sarma — a BJP leader — and initiated a campaign on social media lobbying against her.
They claimed she was all set to join the BJP to avoid being investigated by the Enforcement Directorate (ED) and the CBI in the Saradha Chit Fund case, she said.
Dutta added that she even forwarded the posters to Rahul Gandhi and Priyanka Gandhi, but no action was initiated against Srinivas or Vardhan Yadav.
She filed the complaint on 19 April at a police station in Kamrup, Assam. BV Srinivas has been booked under various Sections of IPC 294, 342, 352, 354, 354(A)(iv), 506 and 509, and Section 67 of the Information Technology Act.
A five-member Guwahati police team went to Bengaluru on 23 April and pasted a notice at Srinivas’ residence directing him to appear at the Dispur Police station by 2 May.
The Congress issued show cause notice to Dutta and later expelled her from the primary membership of the party for six years for anti-party activities. Srinivas had also served a legal notice to the woman demanding an apology, failing which he threatened to initiate legal proceedings.
(With PTI inputs)
