The Supreme Court Grants Anticipatory Bail to IYC Chief Srinivas BV in Assam Sexual Harassment Case
New Delhi: In a significant development, the Supreme Court has granted anticipatory bail to Srinivas BV, the president of the Indian Youth Congress (IYC), in a sexual harassment case filed against him in Assam. The case was lodged by a Congress functionary who had been expelled by the party for engaging in anti-party activities.
IYC President receives anticipatory bail from Supreme Court in Assam harassment case
A bench comprising justices BR Gavai and Sanjay Karol observed that the alleged incident occurred in Raipur during the Congress plenary session held between February 24 and 26. However, the complaint was filed in Assam almost two months later, on April 19.
The court directed Srinivas to appear before the investigating officer on May 22, stating that upon furnishing a personal bond of ₹50,000 and one or more sureties, the officer would grant him anticipatory bail.
Considering the delay of over one month in filing the FIR, the court granted interim protection to the petitioner. Notice was also issued to the Assam government.
During the proceedings, lawyer Shailesh Madiyal, representing the complainant, was questioned by the court about the two-month delay in filing the FIR. Madiyal stated that she had been pursuing her complaint within the party ranks. However, the court highlighted that as a lawyer, she should have been aware of her legal rights.
Srinivas BV was represented by senior advocates Abhishek Manu Singhvi and Devadatt Kamat, who presented copies of tweets and media interviews given by the complainant to various media channels until one day before the complaint was filed. According to Srinivas, there was no mention of the alleged incident of outraging the modesty of the petitioner, which is a punishable offense under Section 354 of the Indian Penal Code (IPC).
The complainant alleged in her police complaint that Srinivas had heckled her and held her hand.
Supreme Court grants anticipatory bail to IYC Chief in Assam sexual harassment case
The Assam police, represented by additional solicitor general (ASG) SV Raju, opposed the granting of anticipatory bail, claiming that Srinivas had refused to appear before the authorities despite being served summons.
The court remarked that Srinivas’s non-appearance may have been due to concerns about his reputation. The court referred to the recent arrest of Congress spokesperson Pawan Khera at Delhi airport for making comments during a press conference targeting Prime Minister Narendra Modi. Khera was later released on the orders of the Supreme Court.
Raju further stated that Srinivas had also refused to cooperate with the criminal investigation department (CID) probe initiated by the National Commission for Women (NCW).
The bench directed Srinivas to cooperate with the NCW’s investigation and to appear before the investigating officer as and when required.The court scheduled the next hearing for July 10 and clarified that the observations made in the order were solely for the purpose of deciding the issue of interim relief and would not impact the trial of the case.Srinivas approached the Supreme Court after his anticipatory bail plea was rejected by the Gauhati High Court. The Assam police had registered the FIR under various provisions of the IPC, with Section 354 being the only non-bailable offense.
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In a Landmark Decision, Supreme Court Grants Anticipatory Bail to IYC Chief Srinivas BV in Assam Sexual Harassment Case
New Delhi: The Supreme Court made a significant ruling on Wednesday, granting anticipatory bail to Srinivas BV, the president of the Indian Youth Congress (IYC), in a sexual harassment case filed against him in Assam. The case was initiated by a Congress functionary who had previously been expelled from the party due to anti-party activities.
A bench comprising of justices BR Gavai and Sanjay Karol carefully examined the circumstances surrounding the alleged incident, which reportedly took place in Raipur during the Congress plenary session held between February 24 and 26. The bench noted that the complaint was not registered until nearly two months later, on April 19, in Assam.
The court, taking into account the considerable delay in filing the First Information Report (FIR), directed Srinivas to appear before the investigating officer on May 22. It further stated that upon fulfilling the requirement of furnishing a personal bond amounting to ₹50,000 and one or more sureties, the officer would grant him anticipatory bail.The court, acknowledging the delay in filing the complaint, granted interim protection to the petitioner and issued notice to the Assam government.
During the hearing, the complainant’s counsel, Shailesh Madiyal, was questioned by the court regarding the reasons behind the two-month gap before registering the FIR. Madiyal responded by stating that she had been pursuing her complaint within the party hierarchy. However, the court emphasized that being a lawyer, she should have been aware of her legal rights and options.Represented by senior advocates Abhishek Manu Singhvi and Devadatt Kamat, Srinivas BV presented copies of tweets and media interviews given by the complainant to various media channels, including those published just a day prior to the registration of the complaint. Srinivas argued that there was no mention of the alleged incident of outraging modesty, which constitutes a punishable offense under Section 354 of the Indian Penal Code (IPC).
Major development: Supreme Court shields IYC Chief in harassment case
According to the complaint lodged with the police, the complainant alleged that Srinivas had harassed her and forcefully held her hand.
The Assam police, represented by additional solicitor general (ASG) SV Raju, opposed the grant of anticipatory bail, asserting that Srinivas had declined to cooperate and failed to appear before the authorities despite being served with summons.
In response, the court suggested that Srinivas’s non-appearance may have been due to concerns about potential damage to his reputation. The court referred to a recent incident involving the arrest of Congress spokesperson Pawan Khera at Delhi airport for making critical comments targeting Prime Minister Narendra Modi during a press conference. Khera was subsequently released following orders from the Supreme Court.
ASG Raju further mentioned that Srinivas had also refused to cooperate with the criminal investigation conducted by the National Commission for Women (NCW) through the criminal investigation department (CID).
The bench directed Srinivas to fully cooperate with the NCW’s investigation and ordered him to appear before the investigating officer as and when required.
The court scheduled the next hearing for July 10 and clarified that the observations made in the order were solely intended to address the issue of interim relief and would not influence the trial of the case.
