The Calcutta High Court has directed disciplinary action against three officers of Kolkata Police in connection with a case involving a sexual assault on the wife of an IAS officer.
Citing lapses in the investigation, Justice Rajarshi Bharadwaj directed the case to be transferred to Deputy Commissioner of Women Police, Lalbazar and cancelled the anticipatory bail of the accused. “The petitioner is clearly a victim of continuous torture and oppression. The investigation officer never bothered to inform the victim of the application being moved by the accused, further exacerbating the victim’s distress,” Justice Bharadwaj said, in the order dated September 27.
The Bench added that the officers failed to seize the CCTV footage of Lake Police Station “where both the officers and family members of the accused coerced the petitioner to withdraw the complaint”.
In the order, the court directed Commissioner of Kolkata Police to take disciplinary action against three lady officers for their “failure to follow procedural norms and for tampering with the complaint by necessary authorities emphasising the importance of strict adherence to the legal provisions designed to protect victims of sexual crimes, particularly concerning the recording of statements and the handling of complaints”.
The alleged crime took place on July 14 and 15, 2024, and according to the court’s order later on July 19, the petitioner provided a detailed statement before the magistrate under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The allegations of sexual assault were made by the wife of an IAS officer, who is posted outside West Bengal. The woman had alleged that the assault took place on July 14 and 15 at her residence in south Kolkata under Lake police station area. She filed a police complaint on July 15. She alleged that she was subjected to coercion and intimidation by the son and wife of the accused on the day she filed the police complaint.
The writ petition before the Calcutta High Court was filed by the woman on July 23, and it highlighted procedural lapses by the police where steps such as the medical examination and seizure of CCTV footage from the place of occurrence were not conducted. The victim said that she underwent medical examination at her own volition at a State-run hospital on July 15.
The court said the petitioner said that after filing an FIR on July 15, was coerced and intimidated at the police station by family members of the accused, Respondent No. 9, who were brought in by police officers.
“Despite the gravity of these actions, no investigation was conducted into the CCTV footage of the Lake Police Station during the time of the intimidation or any medical examination was conducted despite the petitioner’s explicit request,” the Court noted.
The development comes at a time, when the West Bengal government is facing criticism over the rape and murder of a doctor at RG Kar Medical College and Hospital. The Opposition parties, including the BJP, have targeted the Trinamool Congress government over the incident. The West Bengal government is likely to challenge the order before the Division Bench of the High Court.
Published - September 29, 2024 12:30 am IST
