Sexual harassment case against WB Governor : Calcutta High Court stays probe against OSD-II to the Governor of West Bengal

Single-judge Justice Amrita Sinha noted that the accused OSD-II to the Governor, was out on bail and the evidence in the form of CCTV footages, was with the police.

Narsi Benwal

The Calcutta High Court on Friday stayed the proceedings in a First Information Report (FIR) lodged against the Officer on Special Duty (OSD-II) to the Governor of West Bengal booked for allegedly restraining a female worker and pressurising her not to lodge any complaint of sexual harassment against Governor CV Ananda Bose [Sandeep Kumar Singh vs State of West Bengal].

Single-judge Justice Amrita Sinha noted that the investigation in the case is at a preliminary stage and that the petitioner Sandeep Singh, is out on bail.

The judge noted that the petitioner along with a few others, locked the female staff of the Governor’s office-cum-residence (Raj Bhavan) in a room, and asked her not to disclose details of her alleged molestation to any authority.

The judge further noted that the petitioner allegedly threatened the complainant woman not to lodge any case against the Governor.

“The evidence i.e. CCTV footage are already in the custody of the Investigating Officer (IO). The offence for which the petitioner is tried is of wrongful restraint and abetting an offence. It has been mentioned that the petitioner along with a few others tried to take her back (to Raj Bhavan) and also snatch her phone but she managed to escape from the room. Whether the ingredients disclosed in the complaint can be treated as wrongful restraint will be decided. At this stage, it does not appear that the probe will suffer in any manner if the same is temporarily stayed till June 17,” Justice Sinha said in the order.

As per the petitioner, a complaint was lodged by the female staff of Raj Bhavan’s peace room against him on May 7.

The petitioner contended that this case was an “afterthought” since the alleged incident of molestation and the subsequent wrongful restraint as alleged by the woman, took place on May 2. The petitioner highlighted the fact that the complaint lodged on May 2 against the molestation incident did not name him.

Further, it was informed that a notice under Section 41 A of the Criminal Procedure Code (CrPC) was issued to him and he duly complied with the same. The petitioner also highlighted the fact that he was granted bail in the case by a Magistrate Court on May 21.

The petitioner punched holes in the FIR by arguing that the allegations levelled against him were quite “improbable.”

“The complainant has mentioned in her plaint that she somehow managed to leave the room. Once she says that she was able to leave the room, her allegations of wrongful restraint, thus becomes improbable,” the petitioner’s counsel argued.

It was therefore, prayed to quash the FIR and the consequent proceedings lodged against the OSD.

Advocate General (AG) Kishore Datta vehemently opposed the contentions stating that whether the allegations are improbable or not can be decided at an appropriate stage.

“There is no tearing hurry in passing the order to restrain the IO from proceeding with the probe. The complaint is not absolutely improbable. There was no intention to arrest the petitioner at the very first stage and so a notice was issued. He is out on bail so the probe cannot be stalled at this stage. The improbable theory as relied upon by the petitioner has to be looked into with circumspection to the attending circumstances. The FIR is not a petition or an encyclopaedia of facts,” the AG argued.

Having heard the contentions, Justice Sinha stayed the proceedings till June 17.